The Judicial Commissioner, Upper Burma, disposed in revision a few days ago of a case involving interpretation of certain sections of the Indian Defence Consolidation Rules. The accused in the case was sentenced by Major Bigge Wither, District Magistrate, Yemethin, to six months’ rigorous imprisonment for alleged selling of recruits, an offence under Section 23 of the I.D. rules read with Sections 28 and 29. The Judicial Commissioner set aside the conviction and acquitted the accused. He said the rule 23 of the Defence of India Rules 1915 directed that no person should dissuade or attempt to dissuade any person from entering military or police service of His Majesty. In this case the applicant took a recruit to a village headman who paid the recruit Rs. 15 to join the army. This recruit joined the army and paid Rs. 16 to the applicant. Another man was taken in the same way and promised of Rs. 170 but he refused because he was a family man. Upon this the Magistrate charged the applicant with abetting dissuasion of persons from entering military service in that by getting Mg. Sein to sell himself. He knew others would hang back until bought.’’
Judgment proceeded: It is only necessary to point out that the inference can be drawn from the fact that a person is persuaded to enlist and that it is the object of the person persuading to dissuade others. The Magistrate in recording the plea of guilt and convicting said that the accused appeared to have acted in a manner contrary to reason and common sense.
