ROSHAN LAL Vs. STATE

JUDGEMENT

(1.) Roshan Lal and Mela Ram, both aged 22. years, have been convicted by learned Sessions Judge, Kangra, under section 376 Indian Penal Code, and each of them has been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 200.00 or in default to undergo rigorous imprisonment for a further period of six months. Roshan Lal has filed appeal No. 34 of 1968 while Mela Ram has filed appeal No. 26 of 1968. This judgment would dispose of both the appeals. After discussing the evidence and holding that the offence of rape against the accused had been fully proved. His Lordship proceeded as follows :

(2.) Sections 125 and 126 make provision about the choice of trial by a criminal Court and court-martial, and the procedure to be applied. The two sections read as under :-

(3.) The different provisions of the Army Act were considered by the Supreme Court in the case of Major E. G. Barsey v. State of Bombay AIR 1961 SC 1762 Major Barsey in that case had been convicted under section 120-B of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act after he was died in the court of Special Judge, Poona. Conention was advanced on behalt of Major Barsey in the Supreme Court that a criminal Court could not have jurisdiction to try the offence unless requisite notice was given to the officer referred to in section 125 of to the Act. The Contention was repelled. Subba Rao, J" as he then was, speaking far the Court observed-