Wanchoo, C.J.—This is an appeal by the State against the acquittal of Abhey Singh by the Special Judge, Pali, of offences under secs. 161 and l65 of the Indian Penal Code, and sec. 5(2) of the Prevention of Corruption Act (No. II) of 1947.

2. The prosecution case was briefly this. Abhey Singh accused was Sub Inspector of Police at Sojat in 1953. Abdul Rehman complainant P. W. 7 is a trader and lives in Sojat Road within the jurisdiction of Sojat police station. The complainant return from Bombay, and reached Marwar at 6 P. M. on the 22nd of November. He was met by two persons namely Kadar Bux who is his cousin, and Ismail. These persons, according to him, are police touts. They told him that the accused was out to arrest him. and persuaded him to leave that mail train for fear that the police might come and arrest him. He remained with these persons at Marwar Junction for sometime, and left for Sojat Road by the 3 A. M. train. When the three of them reached his house a police man came to call them. The complainant then left for the police station with these two persons and the police man. He then had just over Rs. 500/- with him. He was taken to Thana Sojat where these two persons s

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