JAGANNADHADAS, C. J.

( 1 ) THIS an appeal by the State against the acquittal of one Biswa-mohan Naik, a public servant. He was charged on three, counts of having received illegal gratification in the discharge of his official duties and of thereby having committed offences under Section 161 of the Indian Penal Code. The trial magistrate acquitted him in respect of two of the counts, but convicted him as regards the third and sentenced him to one year's rigorous imprisonment. On appeal, the learned Sessions Judge held him not guilty in respect of this third count also and acquitted him therefor. It is against this acquittal in respect of the third count that the State has come up in appeal to this Court.

( 2 ) THE accused was the Inspector of Factories under the Government of Orissa drawing a monthly salary of Rs. 300/ -. In the course of his official duties he had to inspect all the factories and the mills within the State of Orissa. In september, 1948 he took up inspection of the mills in the district of Balasore. The prosecution case against him is on the allegation that in respect of three of the mills, he purported to find defects therein and threatened the persons in charge