Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... charge no.4, wherein the appellant was found partially guilty, reads as under: fourth 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 11 may 02 to 16 january 03, which came to the knowledge of the authority competent to initiate action on 23 september 2005, while holding the appointment as mentioned ..... 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 (see krishna govind patil v. ..... in this o.a is directed against the general court martial proceedings, whereby the applicant was held guilty of having committed the offences under army act sections 52(f) and 63 and sentenced him to be cashiered. 2. ..... 5 is concerned, the appellant was tried for the offence under army act section 52(f), in that he, between 12.4.2002 and 24.7.2003, with intent to defraud, did not take action to credit the stores issued by cod, kanpur, details of which are given in column (d) of annexure iv, ..... mere presence of a person at the time of commission of an offence by his confederates is not, in itself sufficient to bring his case within the purview of section 34, unless community of design is proved against him (see ..... of the circumstances must be taken into consideration in arriving at a conclusion whether the accused had a common intention to commit offence for which they can be convicted. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... the applicant has submitted that in w.p (c) no.9124 of 2008, a miscellaneous application under section 151 of the code of civil procedure was filed by the respondents attributing knowledge regarding the involvement of the petitioner in the commission of the offence. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... reena tripathi, there was no offence that the applicant has committed, but the authority failed to understand and took a harsh decision and against the law. 10. .....
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
..... appellant submits that he joined the army in august 1985 and for almost 12 years, till the time of this offence; he has served with total dedication and sincerity and has never been admonished by his superior officers even once in ..... it was urged that notwithstanding the fact that the appellant was dismissed within 18 days of the commission of the offence, the authorities had proceeded legally and every step necessitated by the army act and rules had been complied with and there was no legal ..... it was reiterated that notwithstanding the clean record of the appellant over 12 years of service, the offence committed by him warranted an exemplary punishment and the commanding officer, after due application of mind and considering the requirements of discipline in the indian army was well within his rights to sentence him ..... of justice that a simple, honest and god fearing soldier like him has been implicitly punished for an offence for which he has not even been charged. ..... he went on to argue that for an offence under army act section 48 for intoxication, a person could receive an imprisonment of upto two years, therefore, the punishment awarded to the appellant was not harsh ..... the fact that even at the time of his dismissal from service, his general character other than this offence had been assessed as exemplary . ..... the gravity of the offence was not so much as to warrant dismissal from service and it is evident that the respondents have taken extraneous issues into account while deciding on .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... it should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. ..... but the sentence has to suit the offence and the offender. ..... it was also contended by the petitioner that the punishment meted out to him was grossly disproportionate to the offence committed by him. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... that in order to establish the charge under section 201 ipc it is essential to prove that the offence has been committed, that the accused appellant knew or had reason to believe that such offence had been committed with the requisite knowledge and with the intent to screen the offender from legal punishment, cause the evidence thereof to disappear or gave false information respecting such offence knowing or having reason to disbelieve the same to be false. ..... section 304a ipc, 1860 and further he had also committed civil offence by causing disappearance of the evidence of the deceased and for that he was also charged under section 71 r/w. ..... hospital, jalandhar and not reporting circumstances leading to the death of amarnath to the nearest police station extended to the offences under sections 60, 64 and 65 of the air force act. ..... the court martial on the basis of such evidence held the accused guilty for the offences under section 71 air force act, 1950 r/w. ..... further he was also charged for the offences under section 42(e) of the air force act, 1950 for not complying the orders of the superior officers for keeping the speed within limits. ..... in this case the testimony of prosecution witnesses remained intact to prove the offence under section 304a ipc. ..... the rashness and negligence must be of a gross or a very high degree to amount to an offence under section 304-a ipc. ..... section 201 ipc and offences under section 42(e) of the air force act, 1950 and dismissed him from service and r.i. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... in changed situation, when the court martial proceedings are amenable to regular appeal under the act, the authorities have to undertake the overall review of conducting court martial trials pertaining to offences under penal code or other civil offences by a competent prosecutor, who has experience of trial as well as the presiding officer should also be a trained person, who has seen the trials conducted by sessions court, so ..... ) chillar, satvir singh, hq establishment no 22 (project sunray) attached central vehicle depot delhi cantt, an officer holding a permanent commission in the regular army, is charged with:- committing a civil offence, that is to say, possessing explosives under suspicious circumstances, contrary to section 5 of the explosives substances act, 1908 in that he at delhi cantt, on 01 dec 84, was in possession of hand grenade he-36 lot no. ..... court martial and finding which has come from the court martial authorities clearly indicates that the substance which was subject matter of the offence has been not established and, therefore, court martial authorities has modified the charge, though, finding the petitioner guilt, but, recorded ......... ..... that the petitioner be tried by a general court martial and the petitioner was accordingly charged under section 69 of the army act for committing a civil offence under suspicious circumstances contrary to section 5 of the explosives substance act, 1908, and, after trial he was found guilty and dismissed from service. 19. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... in view of the above, we do not find evidence to prove the charge against the petitioner for the offence under section 52(a) of the army act. ..... the accused may not plead guilty and yet the court may find evidence and the evidence in the circumstances of the case could otherwise be an offence to which the accused is not connected. ..... as stated above, the petitioner was charge-sheeted for the offence under section 52(a) of the army act. ..... the prosecution must discharge its initial burden to establish complicity of the accused and until it does so, the question arises whether the accused has committed the offence or not. .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... the incident for which disciplinary proceedings were initiated against him occurred when the petitioner was posted to 28 rashtriya rifles in jammu and kashmir, wherein he was charged for an offence under sections 34 (c) and 63 of the army act. ..... the offences for which he was charged are extracted below: charge sheet the accused, no. .....
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