VARGHESE B Vs. DIRECTOR GENERAL BSF

JUDGEMENT

(1.) ON 7.8.2006 ASI Anant Kumar Singh, husband of Gunjan Singh, lodged a written complaint alleging that the petitioner had acted inappropriately with his wife during his i.e. ASI Anant Kumar Singh's absence in the house.

(2.) TAKING cognizance of the report and treating the same as an offence report and hearing the petitioner with respect thereto, the Commandant of the battalion to which the petitioner was attached opined that Record of Evidence be prepared and for which he framed a charge against the petitioner. Record of Evidence was prepared and placed before the Commandant, who after considering the same, opined that the petitioner requires to be tried at a Petty Security Force Court. Formal charge was drawn indicting the petitioner of having used force with intent to outrage the modesty of Mrs.Gunjan Singh at 11:25 hrs. on 7.8.2006; the place being quarter No.43, BSF Campus, Dobasipara, Tura, Meghalaya. It was alleged that the act of the petitioner was an offence punishable under Section 354 IPC.

(3.) RELEVANT would it be to note that Gunjan has not been cross-examined with reference to her statement recorded during the Record of Inquiry. She has been cross-examined by the petitioner and we do not find her testimony to be discredited.