LAURIE E JACOBS Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Appellant Laurie S. Jacobs was tried under Section 161, I. P. Code and Section 5 (2) of the Prevention of Corruption Act (Act II of 1947). The trial Court convicted him under Section 161, I. P. Code and sentenced him to two years' rigorous imprisonment and a fine of Rs. 500/-, in default further rigorous imprisonment for six months. It passed no orders in respect of the offence under Section 5 (2) of the Prevention of Corruption Act. Against this order of conviction the appellant has come up in appeal.

(2.) The prosecution story is that the appellant was employed as shed-man in the Loco Shed, Jhansi in the year 1950. A temporary gang of labourers was recruited in October, 1950 to do some emergent work. The Divisional Superintendent had written to Sri R.A. Hassett (D.W. 2), who was the Running-shed Foreman at Jhansi at that time to recruit this gang. Sri Hassett asked the appellant to carry out the orders of the Divisional Superintendent and engage the casual labour in consultation with the Senior Inspector Fuel, but the appellant did not observe this direction and made the recruitment himself. This temporary gang of labour operated from the 4th of October, 1950 upto the 31st of October, 1950. Sixteen labourers were recruited and they worked under a permanent hand Rameshwar Prasad (P-W. 12). Dilawar (P.W. 11) was the Muqaddam of this gang. It is alleged that on the 24th of October, 1950 the appellant ordered this gang to collect in the railway yard and he told them that if they pay Rs. 50/- each as illegal gratification for the Bara Sahib, then an employment card would be issued to them and a permanent employment would be secured for them. The appellant promised to recommend their cases to the officers concerned, if such a payment was made. Eara Sahib was the name by which the labourers called Sri Hassett, the Loco Foreman. The labourers agreed to pay this amount alter they received their wages.

(3.) On the next day the appellant again came to the labourers with the Employment Officer, Mr. Ward (D.W. 3) and the same demand was made in his presence. The labourers again made the same promise and the appellant wanted some one to stand surety for them. Rameshwar Prasad (P.W. 12), then stood surety for the labourers. After this Sri Ward issued the employment exchange cards. The appellant asked Rameshwar Prasad to collect these cards and to give them back to the labourers after the payment was made by them.