Passey, J. - (1.) THIS is an application under S. 561 -A of Criminal P.C. Zora Singh and Kundha Singh petitioner along with another were convicted and sentenced to various terms of imprisonment under Ss. 366/376, I.P.C., by order of the trial Magistrate dated 10 -1 -1953. Both of them along with two others were in a separate trial also held guilty under Ss. 324/323, I.P.C. and awarded different terms of imprisonment on 14 -3 -1953.
(2.) THEIR imprisonment under Ss. 366/376, I.P.C., commenced first but their conviction on those charges was quashed by this Court when their appeal was accepted on 4 -9 -1953. They had by that time undergone rigorous imprisonment or seven months and twenty -five days. No appeal had been field by them against the order of their conviction dated 14 -3 -1953, which had, therefore, become final. They have now moved this Court to obtain an order that they should be deemed to have been undergoing their sentence of imprisonment under Ss. 324/323, I.P.C., from the date of their conviction for those offences, viz., 14 -3 -1953. I am of the view that the request is reasonable and should be allowed.
(3.) ACQUITTAL means a deliverance and setting free of a person from suspicion or guilt of an offence. Naturally, therefore, when a man is pronounced to be not guilty the immunity from the charge and punishment must operate from the date of his conviction and not from the date of the appellate or revisional court reverses the conviction. He must be taken to have been set free from the date his conviction was recorded as if no punishment was ever imposed upon him.;