M KRISHNAMOORTHY Vs. UNION OF INDIA

JUDGEMENT

(1.) AGGRIEVED by the common order of the learned single Judge dated 19. 04. 2002 made in W. P. Nos. 19155 and 19154 of 1999, the writ petitioners, viz. , M. Krishnamoorthy and K. G. Subramani, preferred the above writ appeals.

(2.) FOR convenience, we shall refer the parties, as arrayed before the learned single Judge.

(3.) BOTH the petitioners while working in the Indian Army as L/naick, charge sheeted for a civil offence for outraging modesty of a woman, for which a case was registered against them at Bolarum (Andhra Pradesh) Police Station on 26. 02. 1997 on the complaint given by the victim Mrs. Subra Saha. As per the complaint, on 20. 02. 1997, at about 9. 50 p. m. when she was walking alone on lake line, two persons tried to over power her by holding her hands and mouth and molested her. To safeguard herself, she injured one of the person. On investigation, it was found, that M. Krishnamoorthy and K. G. Subramani (petitioners), who were attempted to outrage the modesty of the said lady. After investigation, the Bolarum Police found substantial materials against those two persons, and filed a report before the XI Metropolitan Magistrate, Secunderabad. Thereafter, the respondents made a request to the Magistrate under Section 125 of the Army Act,1950 (in short, "the Act"), to transfer the case to them, to be tried under the Act; hence, the same was transferred to the respondents, to be tried by the Court-martial under the Act. According to the respondents, the petitioners were duly informed well in advance about Summary Court-martial as contemplated under the Act. As per the Army Rules, 1954 (in short, "the Rules"), the charge sheet and the summary of evidence were also served on them. On 14. 10. 1988, both of the petitioners were tried by the Summary Court Martial under the Act, and before questioning, necessary warning was also given to them. Both the petitioners pleaded guilty before the Summary Court-martial and summoned mercy and leniency. Based on their statements and their earlier statements given to S. Babu Rao, Sub-Inspector of Police, Bolarum Police Station under Section 161 Cr. P. C. and in view of the gravity of offence committed by the petitioners, both were dismissed from service and sent to civil prison.