Judgment

JAGANNADHADAS, J. : This is an appeal by special leave against the judgment of the High Court of Madras reversing the acquittal of the appellant and convicting him under section 44 of the Madras District Police Act. The facts which have given rise to this prosecution and which are not in dispute are as follows. The appellant who belonged to Kurnool was in the year 1948, Sub-Inspector of Police in the Nellore District of the then State of Madras, having been recruited into the Police service in the year 1932. From the 11th May to the 25th June, 1948, he was on sanctioned leave and went to Cuddapah. On the expiry of the leave, he applied for extension of leave for two months enclosing a medical certificate and requested that his pay may be sent to the Station House Officer, Kurnool.

He was on that date eligible for leave to average pay for seven months. On receiving the application, the District Superintendent of Police, Nellore, sent a requisition to the District Medical Officer, Kurnool, to examine him. He was also directed to appear before the District Medical Officer, Kurnool, on the 10th July, 1948. He received the intimation but did not appear before the District Medical