V VENKATESWARLU Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed with a prayer as follows:

(2.) The petitioner is a soldier of the Indian Army, who was tried by a 'Summary General Court-Martial' for charges under Sections 376(2) read with 450 and 376(2) read with Section 511 of Ranbeer Penal Code, that is the Penal of law of Jammu and Kashmir.

(3.) It is agreed at the Bar that the above-mentioned two provisions correspond verbatim to Sections 376 and 511 of the Indian Penal Code. Section 450 of the Ranbeer Penal Code once again is identical with Section 450 of the Indian Penal Code. The last charge against the petitioner is under Section 48 of the Army Act, which section makes it an offence for any person subject to the Army Act to be found in a state of intoxication whether on duty or not.