O.A. 1649/2016. Case: Biswajit Biswas Vs The Union of India and Ors.. Armed Forces Tribunal

Case NumberO.A. 1649/2016
CounselFor Appellant: D. Chatterjee, Advocate and For Respondents: Anil Gautam, Advocate
JudgesV.K. Shali, J. (Member (J)) and Air Marshal J.N. Burma, Member (A)
IssueArmed Forces Tribunal Act 2007 - Sections 15, 15(3); Army Act, 1950 - Sections 118, 164, 164(2), 27, 69; Code of Criminal Procedure, 1973 (CrPC) - Section 161; Protection Of Children From Sexual Offences Act, 2012 - Sections 15, 6, 6(2), 6(b), 8
Judgement DateDecember 23, 2016
CourtArmed Forces Tribunal


(Principal Bench, New Delhi)

  1. This is an Original Application filed by the applicant under Section 15(3) of the Armed Forces Tribunal, 2007 against the General Court Martial proceedings and the order of sentence dated 09.02.2015 by virtue of which the applicant has been found guilty for an offence under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act against the children. Briefly stated the facts of the case are that the applicant was tried by a Court Martial for having committed an offence under Section 69 of the Army Act, a civil offence. The allegations against the applicant were that he had committed aggravated penetrative sexual assault as defined in Section 6(b) of the Protection of Children from Sexual Offences Act, 2012 in as much as that while being on active service at Dinjan on 01.09.2014 at 12.15 hrs during duty as a co-driver of Army School Bus, he had inserted his fingers into the vagina of a girl child aged about four years daughter of Naik (Driver Mechanical Transport) XYZ of 38 (Independent) Reconnaissance and Observation Flight.

  2. The prosecution in support of its case had examined four witnesses; namely, P.W. 1 Naik Pawan Kumar, P.W. 2 Havaldar Gopi G of 9, Parachute Field Regiment, P.W. 3 Meera Devi W/o. Nk Pawan Kumar, P.W. 4 daughter of Nk Pawan Kumar, the girl child who was the victim.

  3. After address by the JAG, the accused examined Smt. Swagatika Bank W/o. Naik B. Barik as D.W. 1. In addition to this, court also examined Major Munit Singh, Battery Commander as a court witness. After hearing the prosecution as well as the representation of the accused, the court found the accused guilty for an offence under Section 6(2) of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to be reduced to the ranks, to suffer Rigorous Imprisonment for ten years and dismissal from the service. The aforesaid punishment was imposed on him on 09.02.2015.

  4. The applicant preferred a post-confirmation petition in the month of February itself before the Central Government which is stated to be still pending. The present OA was filed on 20.10.2016 on account of the fact that the respondents sat on the post-confirmation till date.

  5. We have heard the learned counsels for the applicant and the respondents. We have also gone through the record.

  6. So far as the maintainability of the present application for quashing of conviction and sentence is concerned, one of the questions which...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT