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 said something secretly to the Sub-Inspector and then left. He remained at the Thana till about 2 P. M. or 3 P. M. when Kadar Bux and Ismail came back again. He was then threatened and forced to give away the sum of Rs. 500/- which he had with him to Kadar Bux. Thereafter, he was arrested, and put in the lock-up The complainant says that he was given a beating. He was then sent to the judicial lock-up, and eventually released on bail on the 2nd of December, 1955, after Shri Mohan Sing was engaged as a counsel on his behalf.

3. The complainant also stated that during this period, while he was in the police lock-up and jail, the accused had managed to extract a large sum of money from his wife through Kadar Bux and Ismail. When he came to know of this extortion of money during his incarceration, he went to Sub Inspector Abhey Singh to ask about it. The Sub-Inspector then said that he would have to pay Rs. 200/- more. The complainant then consulted a number of people and told them of this demand. He was asked to report the matter to the Inspector-General of Police, and he did so on the 1st of January, 1954. He also sent a letter to the Anti-corruption Branch at Jodhpur. Consequently, one Babulal Head Constable came to him on the 3rd of Jaunury, I954, and made enquiries about the demand of the bribe from him. The complainant told him that the Sub-Inspector was making these demands. Thereafter, a sum of Rs. 150/- was arranged, and a report was recorded on the 4th of January, 1954.

4. In this report Abdul Rehman said that Sub-Inspector Abbey Singh had kept him in the Thana for 8 days, and be and the Circle Inspector had beaten him and had extorted Rs 900/- from his wife. He went on to say that they were further demanding Rs. 150/- from him He had therefore, brought one currency note of Rs. 100/- and five currency notes of Rs. 10/- each, and he was prepared to pass this money to the Sub-Inspector for the Circle Inspector on the 9th of January, 1954, at mid day in the presence of any officer. He, therefore, prayed that necessary steps be taken in the matter.

5. Thereafter, steps were taken to lay a trap for catching Sub-Inspector Abhey Singh. Shri U. N Misra, Deputy Superintendent of Police was incharge of this matter. He went to Sojat on the 9th of January, 1954, and marked currency notes, whose numbers had been taken, to the value of Rs. 150/- were given to Abdul Rehman to pass on to the accused. At about mid-day, Abdul Rehman met the accused in the court compound at Sojat, and pissed on one note of Rs. 100/- to the accused The accused put the note in his pocket. Thereafter, Shri Misra, along with Head Constable Babulal and two witnesses, went up to the Sub-Inspector, and asked him whether he had received any currency notes, The Sub-Inspector admitting having

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