EX. SEPOY SURINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, an ex-sepoy of 7th Battalion, Sikh Regiment, has invoked the writ jurisdiction of this Court under Article 226 and 227 of the Constitution of India for quashing of the findings of the General Court Martial, Annexure P-5, the order of sentence dated 29th January, 1998, Annexure P-4, as also the order dated 15th March, 1999, Annexure P-7, passed by the Chief of the Army Staff. A writ in the nature of mandamus has also been sought to direct the respondents to reinstate the petitioner in service with all consequential benefits.

(2.) IT may be mentioned here that vide order, dated 29th January, 1998 Annexure P-4, the petitioner, after having been held guilty of committing rape while he was on duty in a remote and isolated island area of Assam State, has been sentenced to undergo rigorous imprisonment for 10 years and has also been ordered to be dismissed from service. In terms of the order aforementioned, the petitioner is presently serving the sentence of imprisonment.

(3.) SINCE there was no eye witness to the occurrence except the victim Tarulata Pegu, but having found that her testimony was trustworthy and the allegations were also substantiated by the depositions made by other witnesses including those who were members of the patrol party and also having noticed that the medico-legal report submitted by the doctor (PW-3) was inconclusive as she could not ascertain whether or not the victim (PW-2) was subjected to rape recently, the Summary General Court Martial on consideration of the circumstantial evidence, held the petitioner along with his co-accused guilty and sentenced them for committing rape of PW-2 while they were on active service and were engaged in search operations in the execution of their military duty. The petitioner was also held guilty and sentenced for the second charge, as according to the Summary General Court Martial, he was required to search the house only in the presence of the male members of the house.