STATE OF DELHI Vs. RAM LOHIA

JUDGEMENT

(1.) This appeal is by special leave by the State of Delhi against the judgment of the Pubjab High Court acquitting the respondent of an offence punishable under S. 5(4) of the Indian Official Secrets Act (hereinafter referred to as the Act) alleged to have committed by him.

(2.) The respondent was convicted by the trial Court and sentenced to a fine of Rs. 1,000 in default to suffer rigorous imprisonment for six months. His appeal against conviction and sentence was dismissed by the Additional Sessions Judge of Delhi. The High Court in its revisional jurisdiction set aside the conviction and sentence.

(3.) The ground upon which the High Court set aside the conviction was that the only evidence upon which the respondent could be convicted was that R. C. Aggarwal, P. W. 10, who was to be looked upon as an accomplice. His evidence accordingly required corroboration in material particulars connecting or tending to connect the respondent with the crime. As there was no such corroboration it was impossible to convict the respondent on the sole testimony of Aggarwal.