STATE Vs. ABHEY SINGH

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of Abhey Singh by the special Judge, Pali, of offences under Sections 161 and 165 of the Indian Penal code, and Section 5 (2) of the Prevention of Corruption Act (No. II) of 1947.

(2.) THE prosecution case was briefly this. Abhay 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 returned 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 by the mail train for fear that the police might come and arrest him. He remained with these persons at Mar-war 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 those 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, 1953, after Shri Mohan-singh was engaged as a counsel on his behalf.

(3.) THE complainant also stated that during this period, while ho was in the police lock-up and jail, the accused had managed to extract a large sum of money from his wife through Kadarbux and Ismail. When he came to know of this extortion of money during his incarceration, he went to Sub-Inspector Abhey Singh in ask about it. The Sub-Inspector then said that he would have to pay Rs. 200/- mere. 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 January, 1954, 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.