N.K. SUNIL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was enrolled with the Army in the JAT Regiment on 28.7.1977. The petitioner was promoted to the rank of Naik in June 2007 and was appointed as an orderly NCO from October 2007 to December 2007. The petitioner is aggrieved by his arrest on 21.6.2008 which resulted in a Court of Inquiry, thereafter recording of Summary of Evidence, proceedings under Rule 22 of the Army Rules, 1959 (hereinafter the said rule) and the subsequent constitution of the District Court Martial.

(2.) IN order to appreciate the plea of the petitioner, some of the facts are required to be dealt with. The allegation against the petitioner is that on 21.6.2008 he used criminal force on Smt. Sanju, wife of another sepoy in the same battalion by holding her hand and embracing her with intention to outrage her modesty which constitutes an offence under Section 69 of the Army Act, 1915 (hereinafter referred to said section). The Court of Inquiry was constituted in terms of Rule 177 of the said Rules which is really in the nature of a fact finding inquiry. The procedure to be followed by a Court of Inquiry is prescribed under Rule 179 of the said Rules. The petitioner was the first person called for recording of statement as PW1. The petitioner made a statement which was self-incriminating. The relevant portion of the statement of the petition is as under:

(3.) IT may be noticed that the petitioner despite having been given an opportunity to cross-examine the witnesses chose not to do so. The petitioner was also given the opportunity to produce any witness in defence of his character after examination of all the six witnesses which the petitioner declined and signed the proceedings in token of acceptance of evidence recorded therein.