Judgment

JAGANNADHA DAS, J. : This is an appeal by special leave. The appellant was a Police Jamadar working in the Local Investigation Branch, Mandvi, in the State of Kutch. The prosecution case against him is that he visited a place called Rampur within the Mandvi Taluka on the 16th April, 1950, and checked the passports of a number of persons who had gone to Africa and returned. It is alleged that in the course of the check which he carried out, he collected the passport of one Ananda Ratna of the village and demanded a sum of Rs. 800/- for its return which was accordingly paid on the 18th April, 1950, and that thereby he committed an offence of extortion under Section 384, I.P.C.

The prosecution against the appellant appears to have been the result of information filed by this very appellant on or about 18th April, 1950, at the police station Mandvi that he was robbed of a sum of Rs. 870/- by some of the inhabitants of the village Rampur and that in course of the robbery he was assaulted and received injuries. That information was registered as Cr. Case No. 51 of 1950 and P.W. 1, Sub-Inspector of Mandvi Police Station investigated the same. It is said that in the course of that i