( 1 ) THIS appeal by the State is directed against the acquittal of the respondent in Criminal Appeal No. 780f 1982 by Sessions Judge, Raigarh, Camp Jashpurnagar vide judgment dated 20-7-1982.

( 2 ) THE charges against the respondent were for offence under Sections 170 and 419 of the Indian Penal Code. The date of the incident is said to be 20-9-1981. The Judicial Magistrate First Class, Jashpurnagar in Criminal Case No. 244 of 1982 acquitted the respondent of the charge under Section 419 of the Indian Penal Code but convicted him under Section 170 Indian Penal Code and sentenced him to rigorous imprisonment for one year. It was against that conviction and sentence that the respondent preferred an appeal, which was allowed by the learned Sessions Judge and the respondent was accordingly acquitted. Feeling aggrieved, the State bas preferred his appeal.

( 3 ) THE respondent was produced from jail on 26. 10. 1983. He was asked whether he needs the assistance of any counsel which could be provided to him either through Legal Aid Committee or through the Registry or even of the amicus curiae but the respondent insisted that he would argue his own case and does not need assistance of any counsel. Accordingly the Government Advocate and the respondent were partly heard on 26. 10. 1983 and the arguments were concluded on 27. 10. 1983.

( 4 ) PROSECUTION case briefly stated is that the respondent on 20. 9. 1981 in Kunkuri introduced himself as an officer of R. A. W. and thereafter he visited the hostels under Shri Jam (P. W. 5 ).

( 5 ) THE version of M. K. Jam (P. W. 5) is that in the evening when he returned back to his house from the market he saw the respondent sitting at his house along with a Sub Engineer. The respondent is alleged to have told Shri Jam that he is a correspondent of daily news paper Statesman and he has come to collect information. Shri Jam (P. W. 5) then told the respondent that he should better contact the Collector, Raigarh or Additional Collector, Jashpurnagar and get orders from them for collecting information. The respondent then told Shri Jam that he is an officer of R. A. W. and he is, therefore, competent to enquire by himself. Shri Jam, as claimed, out of courtesy, came out of his house along with the respondent so as to take him to the rest house. Adjoining to the house of Shri Jam was the residence of Shri R. R. Sharma (P. W. 1) who was then the Sub-Divisional Officer, Irrigation. The respondent expressed his desire to meet Shri Sharma also. The respondent had told Shri Jam not to introduce him with Shri Sharma as an officer of R. A. W. and so the respondent was introduced with Shri Sharma as a correspondent of Statesmant. The respondent then expressed his desire to visit the hostel. Inspite of the fact that it was late in the day, Shri Jam brought the respondent along with Shri Sharma (P. W. 1) to the hostel.

( 6 ) AFTER reaching the hostel the respondent threatened Shri Gangamani Tripathi (P. W. 2), who was then the Superintendent of the hostel, as he was an officer of RAW. From there they went to the other hostel. They met another Sub-Divisional Officer Shri D. K. Joshi (P. W. 4 ). To Shri Joshi also the respondent introduced himself as a correspondent of Statesman. The respondent told Shri Joshi to give some information that he had sought but Shri Joshi expressed his inability to give that information at that time. On this respondent told Shri Joshi that he was hiding facts. Shri Joshi, however, refuted it and told the respondent that it would not be possible to go to the spot at that time and it could be possible only the next morning.

( 7 ) FROM there the respondent along with Shri Jam returned to the rest house where arrangements were made for him. Some suspicion had, however, arisen in the mind of Shri Jam about the conduct of the respondent but as he was not sure, he kept quiet at that time. The next morning Shri Jam went to the rest house and expressed his inability to accompan