Judgment

JAGANNADHADAS J. - 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 recei