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 company accused Phillips stole away the aircraft Harvard H.T. 822 and flew with it to Pakistan with a dishonest intention.
88 of 1953 arising out of the judgment and order dated May 18, 1953, of the Court of Sessions Judge at Jodhpur in Criminal Appeal No.
After a short while the weather became bad and visibility became poor and hence they turned the aircraft back towards Jodhpur side by guess.
While they were thus on their return to Delhi on May 17, 1952, the plane was stopped at Jodhpur and they were both arrested.
Appeal by special leave from the judgment and order dated October 22, 1953, of the Rajasthan High Court at Jodhpur in Criminal Revision No.
Mehra went to the aerodrome on the morning of May 14, at the usual time and took off the aircraft along with Phillips and they flew for some time.
The companyviction and sentence against them have been companyfirmed on appeal by the Sessions Judge and on revision by the High Court.
Jai Gopal Sethi and B. S. Narula, for the appellant.
Phillips was discharged from the Academy just the previous day, i.e., May 13, 1952, on grounds of misconduct.
31 of 1953.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The appeal before us is by special leave obtained on behalf of the appellant Mehra alone.
51 of 1955.
The alleged theft was on May 14, 1952.
Mehra was a cadet receiving training as a Navigator.
February ll.
Ganpathy Iyer, Porus A. Mehta and B. H. Dhebar, for the respondent.
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.
Both Mehra and Phillips were cadets on training in the Indian Air Force Academy, Jodhpur.
The defence, as appears from the answers thereto, was as follows.
