RASH BIHARI PANDEY Vs. UOI

JUDGEMENT

(1.) THE petitioner was inducted as a Constable in ITBP on September 15, 1987. Pertaining to an incident dated May 28, 1982, i.e., about five years and four months before he was inducted into service, the petitioner and eighteen other persons were named as accused for having formed an unlawful assembly and commit murder. Taking cognizance of the challan filed, the learned Court of the Magistrate concerned sent the petitioner and the eighteen other persons for trial before the Court of Sessions. This was in the year 1984.

(2.) IN Sessions Trial No.385/1984, all 19 persons, which included the petitioner, were convicted, when the learned Additional Sessions Judge pronounced a verdict of guilt on June 20, 1992 and thereafter sentenced the petitioner and 18 other co-accused to undergo imprisonment for life.

(3.) THE petitioner did not dispute the fact that while filling up the enrollment form, he had wrongly stated that he was not an accused for having committed an offence. But, he pleaded innocence. The petitioner highlighted that he was aged 14 years when the alleged incident took place. He stated that he had no idea that he was ever an accused.