KEASHAV SINGH Vs. DIRECTOR GENERAL, BSF

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner challenging the order dated October 17, 1998 passed by the Summary Security Force Court (herein after referred as SSFC), the order dated November 20, 1998 passed by the DIG, BSF HQ, Gurdaspur confirming the same as well as the order dated September 24, 2000 passed by the DG, BSF rejecting the statutory petition filed by the petitioner.

(2.) THE facts germane for adjudication of the present petition are that on January 09, 1996 while posted as L/Naik with the 122nd Bn. BSF at Barmer, a complaint was made against the petitioner by one Smt.Jhuri Bhuyan to the Commandant, 23rd Bn., BSF alleging that the petitioner had used criminal force on her with intent to outrage her modesty.

(3.) REGARDING the aforesaid complaint dated January 09, 1996 made by Smt.Jhuri Bhuyan a note dated January 20, 1996 was submitted by Insp.Bishambar Dayal to the Commandant of the Battalion to which the petitioner was attached i.e. the 122nd Bn. for taking necessary action against the petitioner. On the basis of the same, a charge was framed against the petitioner under Section 46 of the BSF Act for committing a civil offence of using criminal force against a woman with intent to outrage her modesty, an offence under Section 354 IPC for purposes of taking cognizance of an offence report as per Rule 43 of the BSF Rules, 1969 and after hearing the petitioner with respect to the offence report, a decision was taken by the Commandant that Record of Evidence be drawn up. The said order is dated January 20, 1996.