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
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 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... resisted on behalf of the union of india contending, inter alia, that sepoy jag mehar singh along with one civilian was apprehended on 8.9.1987 by the border security force, nekapaty near village veera, punjab. on interrogation, sepoy jag mehar singh revealed about the involvement of the petitioner in the case. it was further revealed that ..... is not substantive evidence against other accused persons at the trial, but could be used for lending assurance if there is other substantive evidence to be utilised or acted upon. here, there is no substantive evidence or circumstantial evidence to fasten guilt against the accused-petitioner. in haricharan v. state of bihar (air 1964 sc ..... source lending assurance to the mind of the gcm that the evidence adduced by the accomplice is true as against another accused and it would be safe to act on the testimony of the accomplice. no independent witness was examined by the prosecution. therefore, such a statement made by the accomplice cannot be read in .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... offence, namely theft, punishable with imprisonment for a term which may extend to 10 years or such less punishment as mentioned in section 52 (a) of the air force act, 1950, has been committed, caused disappearance of evidence namely the atm cum debit card sl. no. 4033983022319545 visa electron belonging to 936082-g lac moohit kumar essa of ..... given by sanga raju deepak (pw-2) only. nothing could be elicited in his cross examination so as to suggest that he was in any way interested in securing conviction of the applicant on absolutely false grounds. the applicant not only failed to produce any cogent evidence to substantiate the defence of alibi but also admitted his presence ..... 000/- was withdrawn from the account by using the atm card thrice. he, by way of an application (ex.l), informed the officer-in-charge of the station security section at main guard room accordingly and also applied to the bank for providing information about location of the shop where the atm card was used. b. on 03 .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... be cashiered. on formation of this tribunal, the said writ petition was transferred to this bench and treated it as an appeal under section 15 of the armed forces tribunal act, 2007. 2. at the outset, learned counsel for the appellant has submitted that the appellant was falsely roped into the charges for supposedly having violated the ..... itself would not stand. 3. on the other hand, learned counsel for the respondents has submitted that the appellant was not competent to do so and had acted beyond jurisdiction for procurement of government stores at his own discretion unless duly approved by ce, lucknow zone. the appellant manipulated the laid down instructions in the sop ..... statement of the accused under section 313 of the code of criminal procedure can be the sole basis for conviction. the statement of the appellant under army act section 58 does not demolish the prosecution version. 12. it has further been argued by learned counsel for the appellant that non-mentioning of the sop dated .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... exuberant plea that the petitioners were dragged into the present situation in the year 1990 and that more than 19 years have elapsed since then. we find some force in that submission. the facts and circumstances of the case demand awarding of compensation. moreover, this tribunal is duty bound to interfere, when the judgment appealed ..... charges were leveled against the petitioners and four other officers under army rule 25 read with army rule 22. prima facie, offences having been made out under army act sections 52(f) and 63, a joint summary of evidence was recorded. all the accused, including the petitioners, were jointly tried by a general court martial at ..... the board comprised of one representative of the receiving unit and one representative of the district remount officer, horse and mule breeding area, jalandhar, who was to act as accounting officer. in addition to this, one officer of the supply and transport branch or of the receiving unit was required to represent at the time of .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... it was the plea of the respondents that the entire shooting incident was carefully manipulated by the petitioner to avoid serving in a difficult area along the indo-pak border. the prosecution gave background to the entire incident which was that the petitioner had been serving in the transport platoon of the unit and had never been detailed for ..... was illegally tried by a summary court martial by his commanding officer, col. a.k pandey. this summary court martial violated the basic mandatory provisions of the army act/rules as well as the principles of natural justice and he was illegally and arbitrarily dismissed from service. on the date of dismissal, his character was exemplary and that ..... of going on patrol by his company commander who sent him from his post at tanchi to a difficult post called bhim. such punishment is supposedly not authorised under any act or rules. not only this, the next day, i.e. on 1st september 1996, the petitioner was again ordered to go to the same post i.e. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... held in all cases of losses. learned counsel for the petitioner has submitted that in view of section 15(4) of the armed forces tribunal act, 2007, this tribunal shall allow an appeal against conviction by a court martial where the finding of the court martial is legally not ..... v. p.l dani ((1978) 2 scc 424) which reads as under: the first obligation of the criminal justice system is to secure justice by seeking and substantiating truth through proof. of course, the means must be as good as the ends and the dignity of the ..... draw the rifle-how come you drew the pistol out? a. no, i had drawn the rifle and when i went to take the security chain from the locker, on seeing it open, i took out a revolver. q18. where was the kote nco? a. he was ..... the burden is always on the prosecution and it never shifts. even in respect of cases covered by section 105 of the evidence act, the prosecution is not absolved of its duty of discharging the burden. the accused may raise a plea of exception either by .....
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