MAKHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is said to have used criminal force against the wife of a fellow soldier. It was alleged that he had committed an offence under Section 354 of the Penal Code. He was tried under the Army Act. Summary Court Martial was held. As per the respondents, the petitioner had pleaded guilty to the changes levelled against him. He was sentenced to 5 months rigorous imprisonment. This has also led to his consequential dismissal from service. This order passed by the respondent -authorities is subject matter of challenge in this petition. It is submitted: i. that offence under Section 69 of the Army Act could not be dealt with by Summary Court Martial; Sections 80, 81 and 84 are being cited in this regard. ii. that the petitioner was not given an opportunity to prepare his defence. It is submitted that he was charge sheeted on 24th of Nov 1994 and Summary Court Martial was conducted on 30th of Nov 1994. iii. that the plea of guilty as recorded by the respondent -authorities has been recorded without taking note of the factual position. No such plea was taken by the petitioner, iv. that the prosecutrix had given two version, one was given on 24th of Sep 1994 and the other version was given on 31st of Oct 1994.

(2.) IT is accordingly submitted that injustice has been done with the petitioner. It is submitted that there was no proper trial and the material which has come on the record was i iut properly considered.

(3.) THE respondents have filed counter affidavit.