MANOHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner a member of armed force was charged for the offences under Section 376 of the Ranveer Penal Code (RFC), which is the law in force in the State of Jammu and Kashmir. This offence is the same offence as the offence under Section 376 of the Indian Penal Code. The petitioner being a member of armed force could have been tried for the said offence by the General Security Force Court (GSFC) as per the procedure prescribed in the Border Security Force Act, 1968, therefore, he was tried by the General Security Force Court at Srinagar and was convicted for the offence of committing rape with one lady and has been sentenced to undergo 5 years RI and also punished with dismissal from service vide order dated 10th March, 1998. As per Section 107 in Chapter VII of the Act of 1968, the sentence was required to be confirmed and, therefore, the matter was sent for confirmation of sentence to the competent authority whose office was at Delhi. The sentence was confirmed by the authority at Delhi vide order dated 20th May, 1995. The petitioner remained in custody in the State of Jammu & Kashmir during trial and after confirmation of sentence. However, he was shifted to the Central-Jail; Jodhpur in the month of June, 1993. The petitioner from Jodhpur Central Jail preferred an appeal under Section 117(2) of the Act of 1968 against his conviction through Jail Authorities from Jodhpur to the Director General whose office was at Delhi- The petitioner's appeal was dismissed by the Director General, Delhi, under the Act of 1968 on 27th July, 1995. The petitioner, therefore, has challenged the order of the appellate authority dated 27th July, 1995 passed at Delhi as well as the order of conviction dated 10th March, 1993 passed at Jammu & Kashmir and confirmation of said order of conviction and sentence dated 20th May, 1993 which too was passed at Delhi by preferring this writ petition in the State of Rajasthan before the High Court under Article 226/227 of the Constitution of India.

(3.) In sum and substance, the orders which were passed at Jammu & Kashmir and at Delhi are being sought to be challenged in the State of Rajasthan.