PRATAP J.- Order of acquittal dated 13th January 1977 passed by the learned Sessions Judge, Dhule, in Sessions Case No. 61 of 1976, in which the accused stood charged for offence under section 14 (g) (ii) of the Bombay State Reserve Police Force Act, 1951 (hereinafter the said Act), is chal1enged in this appeal against the same by the State.

2. At the relevant time (October 1973), the accused was one out of five constables under a head constable manning check post at Jawda in Shahada taluk a of Dhule district with a view to curb illegal export activities relating to cotton and foodgrains outside the State of Maharashtra. The head constable at the said time in charge of the aforesaid check post was one Sarode. This party was on duty from 14th October 1973. On 25th October 1973, the accused received information that his son, a one-year old boy, suffered an accident by falling down from a staircase and injuring himself. On receiving this information, the accused requested Head Constable Sarode for permission to go and visit his Son. The accused thereafter went. Some time thereafter, in the evening of 28th October 1913, the Company Commander one Abbaskhan Path an reached the a