JUDGMENT 1. - The State of Rajasthan has preferred this appeal against the judgment dated 7.9.1976 of the Chief Judicial Magistrate, Jaisalmer acquitting the respondents for the offence under section 13(2) of the Foreigners Act (hereinafter referred to as the Act.) 2. Briefly stated the prosecution case is this. On 16.11.1971 B.S.F. received an information through some approver that the respondents had concealed with them Mst. Bhaduri, a Pak National. Sub Inspector Anand Singh of P.S.F. reached village Rehsasa and recovered Bhaduri from the house of respondent Fazliya. As many as 17 witnesses were examined by the prosecution. However, the learned trial court while acquitting the accused held that no evidence whatsoever has been lead by the prosecution to prove that the respondents gave shelter to Bhaduri with intent to prevent hinder or otherwise interfere with her arrest. 3. I have heard the learned Public Prosecutor and the learned counsel for the respondents. It is argued by the learned Public Prosecutor that it is proved beyond reasonable doubt that Mst. Bhaduri was a pak national and she was recovered from the house of respondent Fazliya. It, therefore,be inferred that the respondents gave her shelter with a view to prevent her arrest. I have considered the argument carefully. In my opinion it is not possible to infer from these facts that the intention of the respondents was to assist Bhaduri in any manner so that she may escape arrest. Section 13(2) of the Act reads as under:- "13(2) Any person who, knowing or having reasonable cause to believe that any other person has contravened the provisions of this Act or of any order made or direction given thereunder, gives that other person and assistance with intent thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment for the said contravention shall be deemed to have abetted that contravention." The first essential ingredient of the offence therefore, is that the respondents were knowing or had reasonable cause to believe that Mst. Bhaduri was a Pak national or in any manner contravened the provisions of the Act. In the absence of any evidence even this ingredient is not satisfied. In this view, it could not be said that the respondents assisted Bhaduri with the intention to prevent or interfere with her arrest. Bhaduri was a Pak national or in any manner contravened the provisions of the Act. In the absence of any evidence even this ingredient is not satisfied. In this view, it could not be said that the respondents assisted Bhaduri with the intention to prevent or interfere with her arrest. In my opinion the learned trial court rightly acquitted the respondents from the offence under section 13(2) of the Act. 4. The appeal being devoid of any force is dismissed.Appeal dismissed. *******