A. N. MULLA, J.

( 1 ) APPELLANT Laurie S. Jacobs was tried under Section 161,. P. Code and Section 5 (2) of the prevention of Corruption Act (Act II of 1947 ). The trial Court convicted him under Section 161,. 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