Malicious prosecution claims follow a one-year limitation from acquittal under Article 74, rendering the suit time-barred.

A claim for compensation founded on false implication in a criminal case and traceable to malicious prosecution is governed by Article 74 of the Limitation Act, 1963. The limitation period is one year, running from the date of acquittal. As the claimant was acquitted on 4.10.2008 and the suit was filed on 6.10.2010, the suit was beyond time. No alternative limitation provision was shown to apply, so the suit was barred by limitation and the dismissal was upheld.

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Issues: Whether the suit for compensation was governed by Article 74 of the Limitation Act, 1963 and therefore barred by limitation.

Analysis: The suit was founded on false implication in a criminal case and the claim for compensation/damages was traced to malicious prosecution. The limitation for such a claim was one year under Article 74 of the Limitation Act, 1963, computed from the date of acquittal. Since the appellant was acquitted on 4.10.2008 and the suit was filed on 6.10.2010, the suit was beyond the prescribed period. No alternative provision of limitation was shown to apply.

Conclusion: The suit was barred by limitation under Article 74 of the Limitation Act, 1963 and the dismissal of the suit was upheld.

Ratio Decidendi: A claim for compensation whose foundation is malicious prosecution is governed by Article 74 of the Limitation Act, 1963, and the limitation period of one year runs from the date of acquittal.

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