ZAKARIA AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the petitioner and Ms. Zairemsangpuii, learned CGC for the respondents Union of India.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged (i) the impugned Order dtd. 7/12/2018 passed by the General Security Force Court (GSFC), by which he has been found to be guilty of the charge punishable under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), (ii) the impugned confirmation Order dtd. 6/2/2019(Annexure-9), by which the pre-confirmation petition dtd. 12/12/2018 submitted by the petitioner against the finding dtd. 7/12/2018 was rejected and the findings was confirmed and (iii) the Order dtd. 1/3/2019 (Annexure-10) by which the petitioner on being found guilty under Sec. 10 of the POCSO Act was sentenced to suffer imprisonment for 5 years and also dismissed from service.

(3.) Brief facts of the case is that the petitioner was appointed as a Constable in the Border Security Force (BSF) on 30/4/1999 and was working as such till he was punished and dismissed from service. On 6/3/2018, one girl namely, Suchana Chakma aged about 12 years, a resident of Tablabagh, Lunglei lodged a complaint against the petitioner before the Commandant 1st Bn, BSF, Melteram, Lunglei alleging that the petitioner molested her by forcibly touching her breast. Pursuant to the complaint, an inquiry was conducted by the Assistant Commandant, 1st Bn, BSF and he submitted his report to the Commandant, 1st Bn, BSF recommending the initiation of strict action against the petitioner. The Commandant, 1st Bn, BSF instead of taking necessary action at his level forwarded the detailed report to the higher authority i.e. Inspector General of BSF and the said authority referred the matter to the GSFC for trial. Accordingly, a charge sheet was issued on 11/11/2018 and on the same date a Defending Officer under the provision of Rule 63(2) of the BSF Rules, 1969 (BSF Rules) was appointed and also the Members, Waiting Members, Law Officer and Prosecutor for the GSFC were appointed as well.