CHHANGANI, J.—This is an appeal by Jai Singh against the judgment of the Special Judge, Ajmer dated 18th November, 1963, convicting him of offence under Sec. 161 Indian Penal Code, and Sec. 5 of the Prevention of Corruption act, 1947, and sentencing him to one and a half years rigorous imprisonment on each count. The sentences have been directed to run concurrently.

2. The material facts on which the prosecution is founded may be briefly stated as follows:–

The appellant was Sub-Inspector, Police Station, Sawar in District Ajmer in December, 1961 and January, 1962. There was some dispute between Ram Prasad (P. W/1) and his brothers wife Mst. Chosar Bai in respect of the property of one Durgalal who had died issueless. Ram Prasad claimed to be an adopted son of Durgalal. Mst. Chosar Bai had been living with Durgalal during his life time and she also claimed the property of Durgalal. Initially Ram Prasad lodged a complaint against Mst. Chosar Bai in the Court of first (lass Magistrate, Kekri, and obtained a search warrant for the recovery of articles belonging to Durgalal from Mst. Chosar Bai. The search warrant was addressed to the Station House Officer, Police Station Sawar and the accused-appellant got the property belonging to Durgalal recovered. On 27th December, 1961 Mst. Chosar Bai made a report before the Station House Officer, Police Station, Sawar, to the effect that Ram Prasad had broken open the lock of her house in village Motalao and had taken away 25 maunds of wheat. The accused-appellant on 27th of December, 1961 refused to take any action on the report on the ground that the dispute between the parties appeared to be of a civil nature. Mst. Chosar Bai had made a similar report to the Station House Officer, Police Station, Kekri. The Station House Officer, Kekri sent the report to the accused as the dispute related to his jurisdiction. The accused on receipt of that report registered a case under secs. 454 and 380 Indian Penal Code against Ram Prasad and his wife Mst. Gulab ignoring his previous order refusing to take any action in the matter. The accused thereafter is alleged to have told Ram Prasad that he should pay him Rs. 200/- for not arresting his wife Mst. Gulab. Ram Prasad expressed his inability to pay the amount stating that he was a poor man. The accused insisted in his demand and eventually Ram Prasad paid Rs. 100/- to him for the purpose. The accused then arrested Ram Prasad on 3rd January, 1962 and produced him before the First Class Magistrate, Kekri, at his residence, on the 4th of January, 1962 for remand to judicial custody. An application for bail was moved on behalf of Ram Prasad. The Magistrate directed that the case would be taken up the next day in court. On 5th January, 1962 the Magistrate granted bail to Ram Prasad. The accused on that occasion showed the formal arrest of Mst. Gulab wife of Ram Prasad and produced her also before the Magistrate. She was also directed to be released on bail. After the release of Ram Prasad and his wife Mst. Gulab, the accused contacted Ram Prasad and told him that Radhey Shyam his daughter would also be arrested as she was also connected with the theft and that if Ram Prasad wanted to save her from being arrested he should pay Rs. 300/- to him. Ram Prasad reported that he had no money with him. The accused advised him to contact his brother-in-law Ram Sarup and arrange for the money. Ram Sarup was thus brought into picture. Eventually, it was agreed between Ram Sarup and the accused that the amount of Rs. 150/- would be paid to the accused on 7th January, 1962, at Kekri. Ram Sarup was not, however, willing to pay the amount. He, therefore, went to Jaipur and met Shri Panneysingh, Superintendent of Police, Anti Corruption Department. He submitted application Ex. P/5 along with 15 currency notes of Rs. 10/- each to him. Shri Panneysingh initialled the currency notes Ex. 1 to Ex. 15 and deputed Shri Motilal Dabi (P.W/6) to arrange for a trap. He asked Ram Saru

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