UNION OF INDIA Vs. SANDEEP MALIK

JUDGEMENT

(1.) Admit.

(2.) . This is an appeal by the Union of India and the Director General, Border Security Force against the judgment of the learned Single Judge dated 6.4.1995 in Crl. W.P. 75 of 1993 dated 6.4.95, allowing the writ petition filed by the respondent and quashing the court-martial proceedings, and the sentence dated 27.6.92 of rigours imprisonment for 4 years and dismissal from service.

(3.) . The charge against the respondent (BSF constable) was one of rape of a Bangla-deshi girl, Ms. Razia Khatoon aged 10 years on 31.3.1992 in Salbagan area, on Indian soil, near the Bangladesh border. The respondent was tried by the General Security Court Martial under Sections 46,47 of the Border Security Force Act read with Section 376 IPC. He was found guilty and awarded sentence of 4 years rigorous imprisonment and dismissal from service.