K N MEHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, K.N. Mehra, and one M.Z. Phillips were both convicted under S. 379, Penal Code, and sentenced to simple imprisonment by the trial Magistrate for eighteen months and a fine of Rs. 750 with simple imprisonment in default of payment of fine for a further term of four months. The conviction and sentence against them have been confirmed on appeal by the Sessions Judge and on revision by the High Court. The appeal before us is by special leave obtained on behalf of the appellant Mehra alone.

(2.) Both Mehra and Phillips were cadets on training in the Indian Air Force Academy, Jodhpur. The prosecution is with reference to an incident which is rather extraordinary being for alleged theft of an aircraft, which according to the evidence of the Commanding Officer, P.W. 1, has never so far occurred. The alleged theft was on 14th May 1952. Phillips was discharged from the Academy just the previous day, i. e., 13th May 1952, on grounds of Misconduct. Mehra was a cadet receiving training as a Navigator. The duty of a Navigator is only to guide a Pilot with a help of instruments and maps. It is not clear from the evidence whether Phillips also had been receiving training as a Navigator. It is in evidence, however, that he knew flying. On 14th May 1952, Phillips was due to leave Jodhpur by train in view of his discharge. Mehra was due for flight in a Dakota as part of his training along with one Om Prakash, a flying cadet. It is in evidence that he had information about it. The authorised time to take off for the night was between 6 a.m. to 6.30 a.m. The cadets under training have generally either local flights which mean flying area of about 20 miles from the aerodrome or they may have cross- country exercises and have flight in the country through the route for which they are specially authorised. On that morning admittedly Mehra and Phillips took off, not a Dakota, but a Harvard H.T. 822. This was done before the prescribed time, i.e., at about 5 a.m. without authorisation and without observing any of the formalities which are prerequisites for an aircraft flight. It is also admitted that some time in the forenoon the some day they landed at a place in Pakistan about 100 miles away from the Indo-Pakistan border. It is in the evidence of one J.C. Kapoor who was the Military Adviser to the Indian High Commissioner in Pakistan at Karachi, that Mehra and Phillips contacted him in person on the morning of 16th May 1952, at about 7 a.m. and informed him that they had lost their way and force-landed in a field, and that they left the plane there. They requested for his help to go back to Delhi. Thereupon Kapoor arranged for both of them being sent back to Delhi in an Indian National Airways plane and also arranged for the Harvard aircraft being sent away to Jodhpur. While they were thus on their return to Delhi on 17th May 1952, the plane was stopped at Jodhpur and they wore both arrested.

(3.) The case for the prosecution, as appears from the questioning of the trial Magistrate under S. 342 of the Code of Criminal Procedure, was that Mehra along with his co-accused Phillips stole away the aircraft Harvard H.T. 822 and flew with it to Pakistan with a dishonest intention. The defence, as appears from the answers thereto, was as follows. Mehra went to the aerodrome on the morning of 14th May at the usual time and took off the aircraft along with Phillips and they flew for some time. After a short while the weather became bad and visibility became poor and hence they turned the aircraft back towards Jodhpur side by guess. They continued what they thought to be the return journey for some time; but finding the petrol nearing exhaustion they force-landed in a field which, on enquiry, they came to know was in Pakistan territory. This defence has not been accepted and the Courts below have held the prosecution case to have been proved.