Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... in union of india and another v. dineshkumar (2010(3) scc 161). though it related to sections 64, 70, 74, 117(1)(2) and 141 of the border security forces act 1968, the question was whether the court was to give reasons in support of its verdict. placing reliance on the decisions in somdatt datta v. union of india (air ..... before the court of a special judge having jurisdiction in the matter. it may be mentioned that section 25 of the pc act excludes the jurisdiction exercisable by the procedure applicable to army act, navy act, air force act and the border security act. by such exclusion, the court martial was competent even to make trial of the individual when the alleged abettor was not ..... the said writ petition was transferred to this bench and treated it to be an appeal (t.a no. 365 of 2009) under section 15 of the armed forces tribunal act, 2007. 2. the facts giving rise to this appeal in a nutshell are: the appellant joined the indian navy in january 1971 and in january 2000; he was .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... the unit was deployed in the desert sector, he was posted along with a few other personnel of his unit to a forward observation post, which was manned by the border security force. nb. sub puran singh of his unit was also posted to the same post. there was a quarrel between the appellant and nb. sub puran singh, wherein nb sub puran ..... , the writ petition was transferred to this bench and is being disposed of by treating it as an appeal under section 15 of the armed forces tribunal act 2007. 2. the appellant joined the indian army in the rajput regiment on 22.8.1980 and was posted to 19 rajput after training. it was urged that purely in ..... was present throughout the proceedings and that the proceedings were conducted in his presence. 12. it was also stated by the respondents that there was no question of the appellant acting in self defence, because nb sub puran singh had given a categorical statement that the appellant had hidden the iron picket in his clothes and had removed the iron picket .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... investigation was carried out by iaf military police. we have examined the relevant provisions regarding powers of military police. para 917 of the regulations for the air force act 1964 empowers the chief of air staff to issue administrative instructions as may be relevant for day to day administration. under this regulation, the chief of air ..... /pands unit where it is not possible to carry on the investigation without outside help. (d) proper recording of all evidence and submission of reports to the security officer. (e) he will maintain a proper diary to note the progress of the investigation so as to enable other agencies to continue the investigation. policemen detailed ..... the duties assigned to iaf military police at para 174 of the manual. the same is as under:- 174. investigation duties. in a provost and security unit an investigating agency called the special investigation branch is established to deal with all major/minor cases, including vigilance, reported to a provost and .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
1. the challenge in this appeal under section 15 of the armed forces tribunal act 2007 is against the summary general court martial (sgcm) proceedings holding the appellant guilty of having committed the offence under army act section 69 and sentencing him to undergo rigorous imprisonment for five years and to be dismissed from service. 2. the facts giving rise to ..... by the new act, i.e. 376a, 376b, 376c and 376d. the fact that sweeping changes were introduced reflects the legislative intent to curb with iron hand. the offence of rape affects the dignity of a woman. the offence of rape in its simplest term is the ravishment of a woman, without her consent, by force, fear or fraud ..... sexual intercourse. it is violation with violence of the private person of a woman an outrage by all means. by the very nature of the offence, it is an obnoxious act of the highest order. 8. from the evidence on record, it appears to be a case of attempt to rape . it is well established. we, therefore, do .....
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