Judgment

HIDAYATULLAH, J. : The appellant, Om Prakash, was tried on two charges respectively under S. 165-A and S. 468/109 I. P. C., before the Special Judge, Bulandshahar empowered under S. 6 of the Prevention of Corruption Act, 1947. He was convicted under S. 165-A, I. P. C. and sentenced to rigorous imprisonment for 1 year. He was acquitted of the second charge. He appealed to the High Court of Allahabad against his sentence, and contended, inter alia, that his conviction under S. 165-A, I. P. C. was against the provisions of Art. 20 of the Constitution, because the offence was alleged to have been committed by him on December 4, 1948, whereas the said offence was first created on July 28, 1952, when S. 165-A was first enacted and introduced in the Indian Penal Code by S. 3 of the Criminal Law Amendment Act (No. 46 of 1952). This contention was accepted by the High Court, and the conviction was changed to one under S. 161 read with S. 109, I. P. C., but the sentence was maintained. The appellant applied for a certificate of fitness under Art. 134 (1) (c) of the Constitution, and the High Court having refused it, he was granted special leave by this Court.

2. The two charges on whi