UNION OF INDIA Vs. SOHAN SINGH

JUDGEMENT

(1.) Sohan Singh-respondent, a Sepoy in 10 Sikh Regiment, was sentenced to Three Months Rigorous Imprisonment in Civil Jail and Dismissal from service, pursuant to his conviction under Section 39(a) of the Army Act, for absenting without leave from September 4 to September 16, 1998 and under Section 40(a) of the Army Act for using criminal force against his Superior Officer on September 26, 1998 besides under Section 39(a) for absenting without leave from September 26 to November 8, 1998 by the Summary Court Martial. He questioned his conviction and sentence by Writ Petition SWP No. 2071/99.

(2.) A learned Single Judge of this Court, set aside the respondent's conviction under Section 40(a) of the Army Act, while upholding his conviction and sentence under Sections 39(a) of the Act, vide judgment and order dated 21-08-2001.

(3.) Aggrieved by the judgment, Union of India has filed this Appeal seeking setting aside of the Judgment and order of the learned Single Judge. We have heard learned counsel for the parties, considered their submissions and perused the material on records.