1. This criminal appeal filed under section 378 of the Code of Criminal Procedure is against the judgment of acquittal dated 31.12.2008 in special case No. 4/2005 on the file of learned Special Judge/Chief Judicial Magistrate, Villupuram.

2. The case of the prosecution is that, the accused/respondent Mr. G. Jananarthanam, while serving as Sub-Inspector of Police at Kandachipurama Police Station, Villupuram District, during November 2003, booked a prohibition case against Mr. Seetharaman @ Seetha and Mr. Chinnathambi. As per the First Information Report, on 25.11.2003 at about 01.30 hours, Mr. Seetharaman @ Seetha and Mr. Chinnathambi were transporting 120 litres of illicit liquour in a Two wheeler - TVS XL bearing registration No. TN 25 B 7403. When they were intercepted by the respondent who was on patrolling duty, the duo abandoned the Two wheeler and the contraband and fled away from the scene of occurrence. In this regard, a case was registered under Cr.No.447/03 and the same was pending investigation and the Police were in search of the absconding accused. While so, the respondent on 26.05.2003, visited the house of Mrs. Saroja and enquired about the whereabouts of h