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TMI Blog1959 (12) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 of 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. 4. In the petition for special leave a ground was taken to the effect that the High Court erred in law in regarding Aggarwal as an accomplice as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding against his firm for illegal import of certain goods. 8. It is manifest that unless the evidence of Aggarwal is believed there can be no conviction or the respondent as the other evidence of a circumstantial nature is insufficient. In his examination-in-chief Aggarwal stated that towards the end of November, 1950, he had seen the file O. G. L. II (Ext. P. B.) in the office of the respondent's firm. The respondent gave the file to him to type a copy of it and to finish the work to the exclusion of all other work. He began typing but could not finish the work that day and placed the typed portions of the file Ext. P. B. on the respondent's table in the office. Next day he told the respondent that he could not follow some porti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but I remember that he did come on the next day. At that time Shri Ram Lohia was present in the office. That man from Bombay went to the table of Shri Ram Lohia accused. After this Shri Ram Lohia accused gave me instructions to make the typed copies as I have said in my examination-in-chief. I cannot say whether Shri Ram Lohia accused gave me the instructions for typing out immediately after that Bombay man had seen him at his table or after some time. On the next day that Bombay man was still in the office when I made the corrections. As far as I remember it was not that Bombay man but. Shri Ram Lohia accused who compared the original with me with the copies, if I am not mistaken . This statement of Aggarwal suggests that a Bombay man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation that it was Sri Ram who had given the file to me for typing, I met Mr. Sexena and he also confirmed it and then I recollected that it was Sri Ram, in fact. I made a statement about Sri Ram having given me the file in October, 1951. On 1st of October, 1951 Sri Ram notified that my services were terminated and I should look for another job. Sri Ram might have had some grievances against me. I was a favourite of Tara Chand accused and Tara Chand and Sri Ram accused were not on good terms and therefore Sri Ram had some grievances against me. Tara Chand wanted to keep me in service but Sri Ram would not agree and therefore, the difference arose between Tara Chand and Sri Ram about the termination of my services. Even after my services wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chief was true. 12. It was urged before us on behalf of the appellant that as the two courts of fact had believed Aggarwal's testimony in examination-in-chief and, the High Court had not disbelieved him the respondent was rightly convicted. His acquittal by the High Court was based on the wrong assumption that Aggarwal was an accomplice whose testimony required corroboration. 13. The Additional Sessions Judge observed in his judgment with reference to Aggarwal as follows: He no doubt in his further cross-examination made certain damaging statements which would throw doubt on his previous statement but as the statement was made long after the first statement and at a time when Tara Chand accused had been discharged it seems ..... X X X X Extracts X X X X X X X X Extracts X X X X
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