WAZIRCHAND Vs. STATE

JUDGEMENT

(1.) Heard the parties.

(2.) The accused-applicant stands convicted under S. 24, East Punjab Act No. V of 1949, as extended to the State of Ajmer and sentenced to undergo twelve months' rigorous imprisonment. The case of the prosecution as put to the accused-applicant under S. 312, Cr P. C. was that he had lodged a false report with the police. "Lodging a false report" with the police by itself can, in no way, be held to be "publishing of report or spreading a rumour" within the meaning of S. 24 of the Act. The Government Advocate has no thing whatsoever to say as against this point. If the trial Court wanted to proceed against the accused-applicant for spreading a rumour, then it was its duty to have questioned him on that point as laid down under S. 342, Cr. P. C. In view of the finding arrived at the two legal points tried to be raised have not been raised and pressed by the counsel for the accused-applicant.

(3.) The application in revision accordingly is allowed, the conviction and the sentence of the accused-applicant are set aside and he is acquitted: he is on bail, and his bail-bond is cancelled.