MAKHAN SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner is said to have used criminal force against the wife of a fellow solider. 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 charges 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 :

(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 not properly considered.

(3.) The respondents have filed counter affidavit.