UNION OF INDIA Vs. RASHID H.

JUDGEMENT

(1.) A complaint was received on 7.1.2003 that the respondent molested the daughter of T. Thapa in the servant quarter of officers mess. The respondent was working as a cook and T. Thapa was his colleague in the kitchen. The respondent's daughter was 4 1/2 years old.

(2.) The court of enquiry was conducted on 11.1.2003. The statement of victim and her father were recorded. The respondent admitted to the guilt. Thereafter a show cause notice was issued to the the respondent under Section 20(3) of the Air Force Act, 1950 asking him to submit the explanation as to why action should not be taken against him.

(3.) On 21.4.2003, the respondent filed his response in which he submitted that the statement recorded during the court of enquiry was under coercion and he further stated that the proceedings of the court of enquiry are vitiated as he was not given an opportunity to cross examine the witnesses and to adduce evidence.