UNION OF INDIA Vs. MUDRIKA SINGH

JUDGEMENT

(1.) A Introduction......................................................3

(2.) In April 2006, at the time of the alleged misconduct, the respondent was a Head Constable in the BSF and was deployed to the Seventy-second Battalion. On 2 May 2006, the Commandant directed the Deputy Commandant to prepare a record of evidence(RoE) against the respondent for an offence constituting -disgraceful conduct? under Section 24(a) of the Border Security Force Act 1968(BSF Act 1968). The specific allegation, as set out in the order, was as follows:

(3.) The incident in question is alleged to have taken place on the night intervening 16 and 17 April 2006. The complainant, a Constable in the BSF, was on Naka duty between 02:00 to 06:00 hours when the respondent is alleged to have committed an act of sexual assault on him. The complainant submitted a written complaint on 19 April 2006. Under the BSF Act 1968, such conduct is liable to be prosecuted under Section 24(a) which reads as follows: