STATE OF PUNJAB versus SARWAN SINGH

STATE OF PUNJAB versus SARWAN SINGH

Prosecution in this case was instituted beyond the statutory period of limitation prescribed under Section 468 CrPC. Therefore, conviction, sentence, and all proceedings culminating in conviction are non-est.

Parties
Appellant: State of Punjab; Respondent: Sarwan Singh
Jurisdiction
India
Judgment Date
02 April 1981
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Acquittal
Outcome
Appeal dismissed; respondent acquitted.
Legal Topics
Limitation of Prosecution, Section 468 Cr PC, Misappropriation, Section 406 IPC

Case Brief

Summary, issues, holding and outcome

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Parties

State of Punjab

Appellant

Sarwan Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Acquittal

  1. 1 Whether proceedings including conviction and sentence become non-est if prosecution is instituted after the statutory period of limitation
  2. 2 Interpretation of Section 468 and 469 of Criminal Procedure Code

Ratio Decidendi

Prosecution in this case was instituted beyond the statutory period of limitation prescribed under Section 468 CrPC. Therefore, conviction, sentence, and all proceedings culminating in conviction are non-est.

Court Disposition

Appeal dismissed; respondent acquitted.

Orders

  • Respondent discharged from bail bonds