NARAYAN RAJPUT Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition filed by Sri Narayan Rajput (hereinafter referred to as "Petitioner") seeks a Writ of Certiorari for setting aside the proceedings of a summary trial conducted by the Commanding Officer, INS Angre who is impleaded as respondent No.4 in this petition. It further seeks reinstatement of the petitioner without any break in service and with all service privileges. It seeks initiation of disciplinary proceedings against one Mr. R.K.Sharma. It seeks directions to the Naval authorities to take action against Mr.R.K.Sharma for conducting a business of money lending and lastly it seeks compensation for physical and mental sufferings undergone by the petitioner whilst in illegal pretrial custody and as he was imprisoned for 5 days beyond the period of his punishment.

(2.) The brief facts of the case were as under. a) The petitioner joined service with the Indian Navy on 22.1.1986 and in April, 1993 he was promoted to the rank of Leading (Cook). His service record was good. Prior to May, 2004 he earned three Good Conduct Badges. On 4.5.2004, the petitioner allegedly sexually assaulted one Mrs. Jyoti Sharma, a young girl aged 10 years. Jyoti Sharma was the daughter of one R.K.Sharma who was then working with the navy as Petty Officer. The accused was then staying in a part of the house of the said R.K. Sharma. The quarter allotted to Mr. R.K.Sharma was Quarter No.S-19, First floor, Old Nevy Nagar, Colaba, Mumbai-5. It was the case of the prosecutrix that she returned to her house at about 6.30 in the evening and she found that main door of her house was open but the room in which her family was staying was locked. The petitioner was present in the room and he asked the girl to come in. She watched Television till 7.30p.m. Thereafter she wanted to go out and play with her friends. The accused however, called her close to him and then committed certain acts which amounted to outraging her modesty. After committing such acts at about 8.30, he gave her the key and allowed her to go. She went to the park and returned with her mother and narrated the entire incident to her mother Rekha. Her mother narrated the incident to her husband Mr. R.K.Sharma on 6.5.2004 when he returned back from duty. Mr. R.K.Sharma then lodged a complaint with the Cuffe Parade Police Station and the said complaint was registered at the police station vide C.R.No.922/2004 on 8.5.2004. On registration of the complaint, the Cuffe Parade Police Station arrested the petitioner and produced him before the Esplanade Court when he was remanded to police custody till 10.5.2004.

(3.) On an application made on behalf of the Navy the Magistrate presiding over the 47 Esplanade Court vide his order dated 10.5.2004 handed over the case for trial by a Court Martial under Section 78 of the Navy Act read with Section 475 of the Cr.P.C. After the matter was so transferred, charges were framed against the petitioner as per the Naval rules. Particulars of the two charges as framed were as follows.