jitrao Damu Mahale, whom we will here after refer to as the second accused, were tried by the Special Judge, Ahmednagar, in Corruption Case No. 1 of 1958, for offences respectively un der Ss. 161 and 165A of the Indian Penal Code The learned Special Judge acquitted the two accused, and against the order of acquital this appeal has been preferred by the State of Bombay.

(2) The material facts which give rise to the prosecution may be briefly stated. Chapter proceedings were started by the Police against one Mohanlal Doshi in the Court of the Executive Magistrate at Sangamner. The proceedings was then transferred to the Court of the Special Executive Magistrate at Ahmednagar. The first accused was the Presiding Officer of the Court of the Special Executive Magistrate at Ahmednagar, The second accused is the son-in-law of the first accused and was employed in the police force as a constable. He was posted in the month of September 1957 at Rahata in the district of Ahmednagar. Before 25-9-1957 three witnesses on be-half of the State had been examined in the case against Mohanlal Doshi and the case stood ad" foamed till that date. On 25th September Mohanlal Doshi sent a telegram addresse

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