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Issues:
1. Appeal against acquittal under Section 406 of the Indian Penal Code. 2. Interpretation of Sections 468 and 469 of the Criminal Procedure Code. 3. Application of limitation period in criminal prosecutions. 4. Impact of limitation on fairness of trial and prevention of abuse of court process. Analysis: The appeal before the Supreme Court was against the acquittal of the respondent under Section 406 of the Indian Penal Code by the Punjab and Haryana High Court. The respondent was initially convicted by the trial court for misappropriating funds but was later acquitted by the High Court on the grounds of limitation under Sections 468 and 469 of the CrPC. The High Court held that the prosecution was time-barred as the offence was said to have been committed in August 1972, and the audit report revealing the embezzlement was dated January 1973, exceeding the limitation period. The Supreme Court agreed with this interpretation, emphasizing the importance of adhering to the statutory limitation periods to prevent delayed and potentially unfair prosecutions. The relevant provisions of the CrPC, specifically Section 468(2)(c) and Section 469(1)(a) and (b), were analyzed by the Supreme Court. Section 468(2)(c) prescribes a three-year limitation period for offences punishable with imprisonment between one to three years. Section 469 deals with the starting point of the limitation period, either from the date of the offence or from when the offence is known to the aggrieved party or police. In this case, the Court found that even if the offence was deemed to be known to the authorities in January 1973, the prosecution would still be time-barred under Section 469(b) due to the delay in filing the charge. The Court underscored the rationale behind limitation periods in criminal prosecutions, highlighting the need to prevent delayed and potentially prejudicial prosecutions. By enforcing these limitations, the Court emphasized the protection of the accused's rights and the integrity of the legal process. The judgment emphasized that adherence to statutory limitations is crucial to maintaining the fairness of trials, as guaranteed under Article 21 of the Constitution of India. The Court reiterated that any prosecution, whether by the State or a private complainant, must comply with the statutory provisions on limitation to avoid the risk of the case being dismissed on procedural grounds. Ultimately, the Supreme Court upheld the decision of the Punjab and Haryana High Court regarding the applicability of Section 468 of the CrPC and dismissed the appeal. The respondent was discharged from bail bonds, and the conviction and sentence were deemed non-existent due to the prosecution being time-barred. The Court cited previous decisions supporting the interpretation of limitation provisions, emphasizing the importance of upholding statutory limitations in criminal prosecutions to ensure a fair and timely legal process.
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