SEPOY DEVIDUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner challenges the validity and correctness of the Annexure-l dated April 3, 1987 passed by a Summary Court Martial. By the impugned order, the petitioner was convicted and sentenced to one year's rigorous imprisonment in Civil Prison alongwith the dismissal from service.

(2.) THE material facts, which we have gathered with great difficulty from the return and the impugned order Annexure-l are that the petitioner joined the Indian Army as Sepoy in 1980 and was working as Sahayak one colonel V. S. Budhwar of 16-Kumaon since 1981. At the relevant time, i. e. March and April 1987, he was working as the Sahayak of Colonel Budhwar at Jodhpur at his residence. Col. Budhwar was transferred from Jodhpur in December, 1986, but on account of education of his children, his wife and children stayed at Jodhpur for completing the academic year. At about 1. 30 p m. on February 24, 1987, the Colonel's wife Smt. Indu Bal Budhwar was sitting in her bedroom awaiting the arrival of her daughter from the school. THE petitioner went to her and inquired about her health. Mrs. Budhwar replied that she was fit and fine and directed him to go away as he was required no more. THE petitioner, however, remained there and started to stare at her. He asked her as to why she was having a gloomy face since the departure of her husband and to let him know of her worries. Mrs. Budhwar found this behaviour of the petitioner highly abnormal and sensing something foul, she get-up to go out in the open court-yard. As soon as she get-up, the petitioner caught hold of her from behind with his hands around her. She resisted and struggled and screamed aloud for help. THE petitioner gagged her mouth and told her not to raise cries as that would only bring disgrace and dishonour to her. He felled her down and she continued crying for help. THE petitioner, however, continued his efforts to molest her. She heard the sound of the foot-steps of somebody coming and she again shouted for help. THE petitioner, sensing the arrival of somebody and realising the gravity of the situation, left her and sped away from the room. She then bolted the doors of the room from inside and again shouted for help. A little while later, one Colonel Pandey and his son came to her. She narrated the incident to them Mrs. Budhwar sustained bruises and lacerations over her face and lips in the resistance and struggle she pat to the petitioner. She was medically examined. A Summary Court Martial was thereafter held and the petitioner was ultimately punished as mentioned at the very outset.

(3.) MR. Gehlot appearing for the petitioner-could not canvass any reason-ing before us that the petitioner was not amenable to the jurisdiction of the Court Martial or that the Court Martial lacked any jurisdiction to try and convict the petitioner. The petition should, therefore, be dismissed on this count, also.