Concurrent jurisdiction and corroboration principles sustained Special Judge trial, upheld sanction, and confirmed conviction despite procedural objections.

Statutory court-martial jurisdiction did not exclude a Special Judge's jurisdiction over offences also punishable under the IPC and the Prevention of Corruption Act, because exclusion must be express or necessarily implied; the objection to exclusive military trial therefore failed. The sanction for prosecution and the investigation were upheld, as the sanction was shown to be issued by the competent authority and any procedural irregularity caused no prejudice or failure of justice. Defects in framing of charges likewise did not vitiate the trial absent prejudice. The appellant's conviction was sustained on corroborated evidence of conspiracy, while the acquittal of the co-accused remained undisturbed.

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Issues: (i) Whether offences alleged against army personnel were exclusively triable by court martial or were also triable by a Special Judge under the Criminal Law (Amendment) Act, 1952; (ii) whether the sanction for prosecution and the investigation were invalid; (iii) whether the convictions could be sustained despite objections relating to the framing of charges and the evidentiary basis of the finding of conspiracy.

Issue (i): Whether offences alleged against army personnel were exclusively triable by court martial or were also triable by a Special Judge under the Criminal Law (Amendment) Act, 1952.

Analysis: The Army Act did not expressly or by necessary implication exclude the jurisdiction of ordinary criminal courts or a Special Judge in respect of offences which were also punishable under the Indian Penal Code and the Prevention of Corruption Act. Sections dealing with court-martial jurisdiction contemplated cases of concurrent jurisdiction and provided machinery for resolving conflict only where the military authority had opted for court-martial. The Criminal Law (Amendment) Act, 1952, by its non obstante provision, conferred exclusive jurisdiction on Special Judges for the offences specified therein, and also enabled trial of other connected offences at the same trial.

Conclusion: The Special Judge had jurisdiction, and the objection based on exclusive court-martial trial failed.

Issue (ii): Whether the sanction for prosecution and the investigation were invalid.

Analysis: The sanction order was issued in the name of the Central Government through a competent Deputy Secretary, and the evidence established that it was in fact made by the appropriate authority. Non-compliance with the form prescribed for executive orders did not by itself invalidate the sanction when the substance of the requirement was satisfied. As to investigation, the statutory irregularity, even if established, did not vitiate the trial because no prejudice or failure of justice was shown. The general consent given by the State Government under the Delhi Special Police Establishment Act was sufficient for investigation within the State.

Conclusion: The sanction and investigation were upheld as valid for the purposes of trial.

Issue (iii): Whether the convictions could be sustained despite objections relating to the framing of charges and the evidentiary basis of the finding of conspiracy.

Analysis: The alleged defects in charge caused no failure of justice because the accused knew the case they had to meet and suffered no prejudice. A special judge could try connected offences not specified in the special statute when they were part of the same trial. On merits, the evidence of the decoy or trap witness required corroboration, and the courts below correctly treated his evidence as needing independent support. The appellant's participation in the conspiracy was corroborated by independent circumstances, whereas the evidence against accused Nos. 2 and 3 was not sufficiently corroborated in material particulars.

Conclusion: The conviction of the appellant was sustained, while the acquittal of accused Nos. 2 and 3 was left undisturbed.

Final Conclusion: The appeals were dismissed, and the findings sustaining the appellant's conviction while affirming the acquittal of the other accused were maintained.

Ratio Decidendi: Where a Special Judge is given exclusive jurisdiction by statute over specified offences, that jurisdiction is not displaced by a concurrent court-martial scheme unless exclusion is express or necessarily implied; procedural irregularities in sanction, investigation, or charge do not vitiate the trial absent prejudice or failure of justice, and corroboration must support material particulars of a trap witness's evidence.

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