Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... thus, the law on the point may be summarised to the effect that in a criminal trial involving a serious offence of a brutal nature, the court should be wary of the fact that it is human instinct to react adversely to the commission of the offence and make an effort to see that such an instinctive reaction does not prejudice the accused in any way. ..... in fact, it is a settled principle of criminal jurisprudence that the more serious the offence, the stricter the degree of proof required, since a higher degree of assurance is required to convict the accused. ..... fifth charge section 52(f) of the army act such an offence as is mentioned in clause (f) of section 52 of the army act intent to cause wrongful gain to a person in that he, at secunderabad between november 1996 and february 1997 while being the commandant of 60 coy asc (sup) type g, overlooked the cost ..... fourth charge section 52(f) of the army act such an offence as is mentioned in clause (f) of section 52 of the army act intent to defraud in that he, at secunderabad between november 1996 and february 1997 while being the commandant of 60 coy asc (sup) type g with intent to defraud knowingly allowed destruction of ..... second charge section 52(f) of the army act such an offence as is mentioned in clause (f) of section 52 of the army act intent to defraud in that he, at secunderabad between november 1996 to february 1997 while being commandant 60 asc (sup) type g with intent to cause wrongly gain to the egg contractor shri ch. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... of evidence, which finally resulted in six charges being framed against the appellant as under: first charge army act section 52(f) read with section 34 of the indian penal code (against all the accused persons) such an offence as is mentioned in clause (f) of section 52 of the army act with intent to defraud in that they together, at alwar, on 23 apr 94, with intent to defraud issued contaminated meat, dribbling with water, to the following units for ..... troops:-(a)167 field regiment -38 kgs(b)hqs 18 artillery brigade camp -30 kgs(c)6/11 gorkha rifles -135 kgs(d)1900 medium regiment -58 kgssecond charge army act section 69 (against accused no.1 only) committing a civil offence, that is to say, causing disappearance of evidence of offence contrary to section 201 of the indian penal code in that he, atalwar, on the night intervening 08 and 09 apr 94, knowing that m/s sumit supplier company, alwar, the meat contractor, had sent ..... argued that such warning by the sac tantamounted to condonation of the lapse and his subsequent trial by the court martial for the same offence amounted to double jeopardy and he had made the plea in bar during the gcm, which was rejected by the court. 5. ..... that has been framed against the appellant for this incident was not that the contractor brought these 13 dead animals to the asc butchery, but that he committed a civil offence, that is to say, causing disappearance of evidence of offence contrary to section 201 of the indian penal code (charge no. 2) . .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 4295 of 1996 challenging the general court martial (gcm) proceedings commenced on 16.5.1994, whereby he was held guilty of having committed an offence under army act section 46(a) and sentenced to be dismissed from service. ..... the appellant was charged with the offence of disgraceful conduct of an indecent kind and brought before the commanding officer for hearing the charge under army rule 22 on 28.12.1993. ..... finally, it was stated that the sentence awarded by the gcm was not commensurate to the gravity of the offence. 4. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... challenge is made to the findings and the order dated 30th october, 1989 of the dcm whereby the appellant was held guilty for the offences under sections 40(a) and 40(c) of the air force act (hereinafter referred as the act ) and was sentenced to (a) be reduced to the ranks (b) be dismissed from service (c) to suffer rigorous imprisonment for four months and also the order ..... accused are founded, or was the flight, squadron, station, unit, or other commander who made preliminary inquiry into the case, or was a member of previous court-martial which tried the accused in respect of the same offence; or (d) is the commanding officer of the accused or of the unit to which the accused is attached or belongs; or (e) has a personal interest in the case. ..... the charge must also contain the particulars of date, time, place and person against whom the offence was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged. ..... where an accused is charged with having committed offence against one person but on the evidence led, he is convicted for committing offence against another person, without a charge being framed in respect of it, the accused will be prejudiced, resulting in a failure of justice. ..... the offence should be proved against the accused beyond reasonable doubt either by direct evidence or even by circumstantial evidence if each link of the chain of incident is established pointing towards the guilt of the accused. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... his statement at the summary of evidence is exhaustive, wherein he has clearly brought out that he is not guilty of the offence and that he had at no time, pointed the lmg at l/nk ramesh and that he himself had been injured in the scuffle between the appellant and l/nk ramesh. ..... counsel for the respondents argued that it was a very serious offence and the lmg was, in actual fact, loaded with 24 rounds of ammunition and could have resulted in loss of life. ..... during this tenure, on 1.2.1998, the appellant has supposedly committed an offence under army act section 63 and consequently he was tried by a summary court martial and sentenced to be dismissed. 3. ..... the petitioner challenged the summary court martial proceedings, whereby he was found guilty of having committed the offence under army act section 63 and to be dismissed, by filing w.p (c) no. ..... counsel for the appellant strongly urged that from the summary of evidence, no offence agfainst the appellant could be made out. ..... furthermore, during the summary of evidence, there is conflicting evidence of various witnesses and in any case, the summary of evidence does not disclose any offence against the appellant. ..... the evidence, as has come out in the summary of evidence, is adequate and definitely indicates the commission of an offence by the appellant. ..... for an offence of this nature, the punishment meted out to the appellant is not harsh, especially considering that he had two red ink entries earlier in his career. 8. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... against the orders dated 25th august1989 passed by the central government and dated 12th february 1986 passed by the general officer commanding, 14 infantry division, whereby the petitioner was held guilty for the offence punishable under section 63 of the army act and sentenced him to severe reprimand. 2. ..... counsel for the petitioner contends that the three bottles of liquor charges of abetment for the alleged offence are not sustainable since the principal accused has not been charged for the said alleged offence. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... is acting in contravention of any law or order for the time being in force in the disturbed area or even arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest and to stop, search and seize any vehicle or vessel reasonably suspected to be carrying any person who is ..... 40,000/- (rupees forty wani, s/o sanahulla thousand only) r/o rathpura, srinagar second charge army act section 69 committing a civil offence, that is to say, robbery, contrary to section 392 of the ranbir penal code, in that he, at srinagar, on 20 feb 97, by ..... delhi high court for quashing the findings and sentence arrived at by the summary general court martial (sgcm) on 8.10.1999, whereby he was held guilty of the offence under army act section 69 and sentenced to (i) be cashiered; and (ii) suffer rigorous imprisonment for seven years. ..... chaudhary), there was no evidence of their active participation in the commission of the offence as they were merely members of the protection party or driver of the vehicle used ..... they are: first charge army act section 69 committing a civil offence, that is to say, robbery, contrary to section 392 of the ranbir penal code, in that he, at srinagar, on 19 feb 97, by wrongfully restraining the under-mentioned persons, committed robbery in respect of the property as shown against each from their .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... 2626 of 2000 before the delhi high court for quashing the general court martial (gcm) proceedings, whereby he was held guilty of having committed the offence under army act section 52(f) read with section 34 of the indian penal code and sentenced (i) to forfeit five years service for the purpose of pension and (ii) to be severely reprimanded. ..... 34 of indian penal code against both the accused such an offence as is mentioned in clause (f) of section 52 of the army act with intent to defraud in that they together at field, between 15 jul 92 and 28 sep 92, while holding the appointments as aforementioned in the first charge, and well knowing that the ..... to find out whether the appellant is vicariously liable for the offence charged against him, there should be a common intention. ..... though common intention may develop on the spot, it must, however, be anterior in point of time to the commission of offence showing a prearranged plan and prior concert. ..... the punishments awarded were commensurate with the gravity of the offence. 4. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... detailed on sentry duty, he attempted to sodomise recruit dashrath, for which he was tried for the following two charges:- first charge army act section 46(a) disgraceful conduct of an unnatural kind in that he, at belgaum, on 09 nov 97, committed an unnatural offence on the person of no 2794905x rect sawant dashrath vakoba of a coy, the maratha lirc. ..... the concocted false allegations against him were for having committed an unnatural offence against recruit dashrath and of leaving his post without orders from his superior officers. ..... , it was vehemently stated that the appellant was attending a driver training capsule with effect from 4.8.1997 and that the administrative battalion commander was his legal commanding officer at the time of committing the offence and, therefore, had full jurisdiction over the appellant. ..... within a few hours of the commission of the offence, the report had been made to the higher authority, an identification parade held, the appellant identified and his confession made in the office of the adjutant. ..... thereafter he has given narration of the unnatural offence and the fact that he felt ashamed and shocked after the incident and in fact, wanted to leave the army. ..... the appellant also went on to state that he was badly beaten up and thrashed by the staff members in order to extract a confession from him for supposedly having committed an unnatural offence against recruit dashrath. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... be one appeal to a body composed of non military personnel and who would enjoy the right of judicial review both on law and facts as also determine the adequacy of punishment being commensurate with the gravity of the offence charged. .....
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