Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... it was argued by counsel for the appellant that the co threatened the appellant to admit the offence; otherwise he would also be given imprisonment and a much harsher sentence in addition to dismissal from service. ..... in fact, if he was a disciplined soldier, he would not have chased three helpless girls into the forest at the point of the gun and permitted gnr. ..... he argued that the abetment of offence did not get nullified primarily because the appellant did not open his trousers, but because he assisted gnr. ..... the charge against the appellant was framed under army act section 66 as under: aa sec 66 abetment of an offence specified in section 46(a) of the army act, in consequence of which abetment of such offence was committed. ..... ram kumar in chasing the girls to an isolated area in the forest and permitting gnr. ..... ram kumar in chasing helpless girls, taking them at gun point to an isolated area in the jungle and then, on the pretext of searching them, making one of them remove her clothes was a heinous offence by itself. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... challenge in this writ petition is directed against the general court martial proceedings dated 28.10.1986, whereby the petitioner was held guilty of having committed the offences punishable under sections 52(f) and 63 of the army act and sentenced to be cashiered and to suffer rigorous imprisonment for one year. ..... they are: first charge army act section 52(f) such an offence as is mentioned isn clause (f) of section 52 of army act with intent to cause wrongful loss to a person in that he, at gurdaspur during 03 sep 83 while performing the duties of ge(p) no.2 gurdaspur, with intent to cause wrongful loss to the govt, placed ..... the conviction of the appellant for the offence under army act section 52(f) specified in charge no.1 is ..... third charge army act section 52(f) such an offence as mentioned in clause (f) of section 52 of army act with intent to cause wrongful loss to a person in that he, at gurdaspur, on 04 sep 83, while performing the duties of ge(p) no.2, gurdaspur, with intent to cause wrongful loss to the govt, placed a supply order, bearing ..... second charge army act section 52(f) such an offence as is mentioned isn clause (f) of section 52 of army act with intent to cause wrongful loss to a person in that he, at gurdaspur during sep 83 while performing the duties of ge(p) no.2, gurdaspur, with intent to cause wrongful loss to the govt, placed ..... having regard to the degree of the offence, we are constrained to say that the punishment awarded to the appellant is shockingly .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... in this writ petition under article 226 of the constitution of india filed before the delhi high court, the petitioner challenged the general court martial proceedings, whereby he was held guilty of having committed the offence under section 52(f) on nine counts for placing supply orders with intent to defraud, in contravention to the sop issued by the cwe, agra and sentenced to (i) undergo rigorous imprisonment for one year and (ii) to be ..... 503 of 2009 8 such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 21 apr 1998, at the place and holding appointment as aforestated in the first charge, well knowing that he was not authorised to place supply ..... 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 18 may 1998, at the place and holding appointment as aforestated in the first charge, well knowing that he was not authorised to place ..... 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 13 may 1998, at the place and holding appointment as aforestated in the first charge, well knowing that he was not authorised to plalce supply ..... 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 21 apr 1998, at the place and holding appointment as aforestated in the first charge, well knowing that he was not authorised to place .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... in order to appreciate the points raised by learned counsel for the petitioner, it shall be useful to quote the charges levelled against the petitioner, which read as under: first charge such an offence as is mentioned in clause (f) of army act section 52 with intent to defraud, section 52(f) in that he, at mhow, between october 2005 and march 2006, which came to the knowledge of the authority competent to initiate action on 13 ..... that an officer before convening a general or district court martial, shall first satisfy himself that the charges to be tried by the court are for offences within the meaning of the act, and that the evidence justifies a trial on those charges ..... third charge committing a civil offence, that is to say, by abusing army act his position as a public servant obtaining for section 69 himself pecuniary advantage contrary to section 13(2) read with section 13(1)(d)(ii) of the prevention of corruption act, 1988, in that he, at mhow, ..... second charge such an offence as is mentioned in clause (f) of section 52 army act with intent to defraud, section 52(f) in that he, at mhow, between june 2005 and march 2006, which came to the knowledge of the authority competent to initiate action on 13 ..... legal principle that if on the basis of the material on record the authority could form an opinion that the accused had committed an offence, it can frame charge though for conviction it is required to be proved beyond reasonable doubt that the accused has committed the offence .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... not known by whom the offence was committed, the first day on which the identity of the offender is known to the person ..... by sub-section (2), no trial by court-martial of any person subject to this act for any offence shall be commenced after the expiration of a period of three years (and such period shall commence,-- (a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier; or (c) where it is ..... aggrieved by the offence or to the authority competent to initiate action, whichever is earlier) here, emphasis has .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... as has already been stated, the appellant was tried on 11 charges, out of which, he was held guilty of nine charges, which read: first charge army act section 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act with intent to defraud, in that he, at lucknow, between 14 august 02 and september 02, which came to the knowledge of the authority competent to initiate action on 23 september 2005, while ..... writ petition under article 226 of the constitution of india was brought by the appellant against the general court martial proceedings, whereby he was convicted for the offences under sections 52(f) and 63 of the army act on different counts and sentenced to undergo rigorous imprisonment for three years and to be dismissed from service ..... when it comes to the knowledge of the competent authority to initiate action will never come into play as the commission of the offence will always be in the knowledge of the authority who is a part of the organisation and who may not be the authority competent to ..... human beings who are victims of an offence complained of, such as offences relating to a person or property and not to juristic persons like an organisation as in ..... third charge army act section 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act with intent to defraud, in that he, at lucknow, between 23 august 02 and 22 may 03, which came to the knowledge of the authority competent to initiate action on 23 september 2005, while .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... , well knowing that the rates on which the aforesaid asc articles were purchased, had not been approved by the station commander roorkee prior to the said purchases.third charge army act section 52 (f)such an offence as is mentioned in clause (f) of section 52 of the army act with intent to defraud,in that he,at roorkee, between 01 july 93 and 23 mar 94, while commanding 297 company asc (supply) type b, with intent to ..... there appears to be no reason to dis-believe the testimony of this witness and to interfere with the findings given by the gcm on this charge.charge no.6 : sixth charge army act section 52 (f)such an offence as is mentioned in clause (f) of section 52 of the army act with intent to cause wrongful gain to a person,in that he,at roorkee, on or about 16 apr 94, while commanding 297 company asc (supply) type b, with intent to cause ..... for example, restriction placed on police by section 20 a of the terrorists and disruptive activities (prevention) act, 1987 not to take cognizance of any offence without the prior approval of the district superintendent of police has been held to be mandatory (see anirudh singh ji v/s karan singh ji jadeja, air 1995 sc 2390, mohd yunus v/s state of gujrat, jt 1997 (8) ..... the constitution of india was brought against the findings of general court martial (gcm), roorkee dt 14.06.1997 whereby convicting the appellant for the offences under sections 52 (f) and 63 of army act on different counts and sentencing him to cashiering and 6 months ri. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... (1) when a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 125 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the ..... this writ petition is directed against the summary court martial proceedings, whereby the petitioner was held guilty of having committed the offence under army act sections 69 and 48 and sentenced to suffer rigorous imprisonment for four months. ..... he has merely stated his prior good conduct and his regret for the offences which he had conducted on 23/24.3.2005 and his family compulsions/status coupled with the plea to permit him to continue to remain in ..... any inference about prohibition regarding jurisdiction of criminal courts and those sections in express terms provide not only resolving conflict of jurisdiction between a criminal court and a court martial in respect of the same offence, but also provide for successive trials of an accused in respect of the same ..... when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person is serving or such other officer as may be prescribed to decide before which court the proceedings .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 5662 of 2000 before the delhi high court challenging the summary general court martial (sgcm) proceedings, whereby he was held guilty of the offence under section 302 of the indian penal code for causing the death of capt. ..... it was next argued by counsel for the appellant that the appellant committed the crime on a sudden provocation since the deceased had hurled filthy languages at the appellant aggressively and so, the offence would fall within exception 4 to section 300 of the indian penal code. ..... therefore, in case there is direct truthworthy evidence of witnesses as to commission of an offence, the motive part loses its significance. ..... 69 committing a civil offence, that is to slay, murder, contrary to section 302 of the indian penal code, in that he, at lakhapani, while on active service, on 10 january 97 by intentionally causing the death of ic-51188h captain manish tiwari of the same unit, committed murder. ..... the first and foremost argument raised by learned counsel for the appellant is that the prosecution was not able to establish the motive for the alleged offence. ..... karan singh reiterated the incident as told by pw 3 and further added that the appellant confessed to have committed the offence. ..... he further deposed that in his presence, the appellant confessed of having committed the offence. ..... the appellant was apprehended at the spot with the rifle, which was used for the commission of the offence. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 1682 of 1992 before the delhi high court challenging the summary court martial (scm) proceedings of 20.3.1986, wherein he was held guilty for an offence under army act section 40(a) and sentenced to undergo rigorous imprisonment for three months and dismissal from service. ..... if it was a scuffle in which two parties are involved and the scuffle was of a minor nature, and this was his first offence; the sentence of rigorous imprisonment for three months was more than enough to meet the ends of justice. ..... while posted with this unit, an scm was held on 20.3.1986, which convicted the appellant for an offence of grappling with nb sub raghunath of the same unit on 5.12.1985. 3. .....
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