ONKAR NATH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Petitioner is a member of the Indo-Tibetan Border Police Force and posted as Naik Radio Operator in 6th Battalion at Sarahan in District Shimla.

(2.) On the Petitioner having deserted the camp at Bonda on 15.3.1992 till 30.4.1992, he was prosecuted by the Assistant Commandant exercising the power of Judicial Magistrate Ist Class, for the offence under Section 10 (p) of the Central Reserve Police Force Act, 1949, (hereinafter referred to as the Act). The Petitioner was convicted on 15.6.1992 for such offence and was sentenced to imprisonment till the rising of the Court.

(3.) The Petitioner assailed the conviction and sentence imposed upon him, by way of an appeal, being Criminal Appeal No. 16-R/10 of 1995/92, before the learned Sessions Judge, Kinnaur Sessions Division at Rampur. Vide the impugned judgment dated 9.12.1996, the learned Sessions Judge dismissed the appeal. The conviction and sentence imposed upon the Petitioner by the trial Court was maintained.