A JAYARAM Vs. GENERAL COURT MARTIAL

JUDGEMENT

(1.) This case arises out of an application filed under Article 226 of the Constitution of India.

(2.) The fact involved in this case, in short, is that the petitioner is a senior defence personnel holding the rank of Subedar which is of the status of Junior Commissioned Officer. During the period from 12th August, 1992 and 31st May, 1993 while the petitioner was posted as Junior Commissioned Officer incharge, Liquor Canteen of 17 Mtn. Div., he alleged to have committed some offence for which he was ordered to be tried by a General Court-martial. Four charges were framed against him but the Court-martial exonerated him from two of the charges and he was found guilty of the rest of the two charges. At the conclusion of the trial the Presiding Officer of the General Court-martial sentenced the petitioner :

(3.) One charge was that the petitioner during the period as already noted above, knowingly and with intent to defraud, altered the quantity and total value of liquor mentioned in duplicate and triplicate copies of Cash Memos, the documents which it was the duty of the petitioner to preserve. The offence comes under the purview of Section 57(c) Army Act.