P.K. TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties, the matter is heard finally.

(2.) The Petitioner assails the Judgment and Order dtd. 17/1/2024 passed by the Armed Forces Tribunal, ('AFT') Mumbai Bench in Original Application ('OA') No. 227/2021 as well as the Judgment and Order dtd. 19/3/2021 passed by the General Court Martial ('GCM') convened by the Respondent Army Authorities, to try the Petitioner for offences punishable under Sec. 69 of the Army Act 1950. ('AA')

(3.) Sec. 69 of the AA provides for trial by Court Martial for commission of a civil offence and punishment as prescribed under the said provision. Sec. 3 (ii) of AA defines 'civil offence' to mean an offence which is triable by a criminal court. The Petitioner was thus, tried by the Court Martial for two charges under Sec. 69 AA, firstly, for allegedly committing aggravating sexual offence under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO') and secondly, for allegedly committing sexual harassment under Sec. 12 of the same Act.