1. This is an appeal from a judgment of acquittal. The allegation in the complaint filed by pw.1. the Wireless Licensing Inspector, Tellicherry, before Sub Magistrate, Tellicherry-1 was that the respondent had committed offences punishable under S.4 read with S.20 of the Indian Telegraph Act, XIII of 1885 and S.3 read with S.6 of the Indian Wireless Telegraphy Act, XVII of 1933. The Sub Magistrate convicted the respondent on both the counts. For the offence under the Telegraph Act he sentenced the respondent to pay a fine of Rs. 100/- and in default to undergo simple imprisonment for one month. No separate sentence was awarded for the offence under the Wireless Telegraphy Act. In the appeal filed by the respondent before the District Magistrate, Tellicherry, his convictions and sentence were set aside. This appeal is from that judgment.

2. S.20 of the Telegraph Act and S.6 of the Wireless Telegraphy Act prescribe respectively the penalties for contravening the provisions of S.4 of the Telegraph Act and S.3 of the Wireless Telegraphy Act. The punishment prescribed in S.20 of the Telegraph Act is imprisonment which may extend to three years or fine or both and in S.6 of th