MAULUD AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by Special leave against the judgment and order of the allahabad High Court, Lucknow Bench, confirming that of the Additional Sessions Judge, Kheri, convicting the appellant under s. 218 of the Indian Penal code and sentencing him to two years' rigorous imprisonment. The prosecution case may be briefly stated :

(2.) The learned counsel for the appellant raised two questions before us. The first was that as Chauhan was acquitted of all the offences with which he was charged, the charge against the appellant under s. 218, Indian Penal Code, should fall with it and the second that the prosecution against the appellant having been launched three months after the entry is alleged to have been made by him in the Police diary was barred by limitation under s. 42 of the Police act.

(3.) Section 218 of the Indian Penal Code reads :