Judgement

MUDHOLKAR, J. : The appellant, a police constable, was tried for an offence under Ss 170, 342 and 392, Indian Penal Code but was acquitted by the trying Magistrate of all these offences. The High Court to which an appeal was preferred by the State Government set aside the acquittal and convicted the appellant of each of these offences. It sentenced him to rigorous imprisonment for a period of one year in respect of the offence under S. 170 and to a period of six months for an offence under S. 342. In respect of the offence under S. 392 the High Court sentenced him to undergo rigorous imprisonment for a period of four years and further ordered that all the sentences should run concurrently.

2. Briefly stated the prosecution case was that the appellant who was posted at Rewa took leave for 15 days from August 7, 1958 with a view to go to his village Hati in District Satna but instead went to Jabalpur wearing the uniform of a police head constable. There he met the complainant Ram Kumar , P. W. 1 at the Omti Bridge near the pan shop of one Saligram P. W. 2. He engaged him in conversation and learnt from him that the latter was from village Beldara, police station Maihar. He to