JUDGMENT : BURKITT, J. This is an application in revision by one Bishan Datt against his conviction and sentence of one year's rigorous imprisonment for abetment of an offence under section 380 of the Penal Code, 1860. The conviction is but faintly supported by the learned Assistant Government Advocate, and in my opinion it cannot stand. From the judgment of the Deputy Magistrate, it is clear that there were only 2 pieces of evidence against the applicant. The Deputy Magistrate records: “The evidence, so far as Bishan Datt is concerned, consists of the confessions of Bhup and Nokhe, accused. I can take them into consideration” against him under section 30 of the Evidence Act. “Now, in this matter, the Magistrate is entirely wrong. Had the statement made by Bhup and Nokhe been confessions the Magistrate might, no doubt, have lawfully used them as he did; but those statements are not confessions. The two men do not in those statements admit that they committed the offence of theft; on the contrary they stoutly deny having committed any offence they say that they were sent to fetch property belonging to Musammat Sundari, and that they received the articles in question from her as her property to be kept by them till it could be removed to Pilibhit. Such statements as these can by no ingenuity be twisted into confessions of having committed the offence of theft. They are therefore, not legally admissible in evidence and should not have been taken into consideration against the applicant. 2. The second piece of evidence is the statement paid to have been made to the Sub-Inspector by the applicant to the effect that if the police sent for Bhup and Nand Ram, the applicant would see that the stolen property was traced out and restored. 3. This surely is not evidence on which any court could find that the applicant had abetted Bhup and Nand Ram in committing theft, It appears then to me that on record there is no legal evidence on which it could be held that the applicant committed any offence. I therefore acquit Bishan Datt, set aside the sentence and conviction of Bishan Datt and direct that he be discharged from jail.