VIJAY KUMAR Vs. UOI

JUDGEMENT

(1.) The petitioner has by way of the present writ petition assailed the finding and sentence dated 24th June, 2008 of the Summary Security Force Court (SSFC) and the order dated 26th March, 2009 passed by the Director General, Border Security Force (BSF) rejecting his statutory appeal against the same.

(2.) The petitioner was enrolled as a Follower (Water Carrier) with the respondents on 13th May, 1989. With regard to an incident dated 28th May, 2008, he was subjected to SSFC on the following charges:- <FRM>JUDGEMENT_22_AD(DEL)7_2013_1.html</FRM>

(3.) The challenge by the petitioner to the proceedings conducted by the SSFC rests primarily on two grounds. The first, ground of challenge is that the petitioner was denied an opportunity to effectively defend himself for the reason that the proceedings were conducted in Bengali a language which claims he was not conversant with. The second ground of challenge by the petitioner is on the plea that the conviction and sentence of the SSFC are based on no evidence at all for the reason that the complainant has failed to identify him and also her testimony renders the occurrence of the incident impossible in the given circumstances.