O.A. 1649/2016. Case: Biswajit Biswas Vs The Union of India and Ors.. Armed Forces Tribunal
| Case Number | O.A. 1649/2016 |
| Counsel | For Appellant: D. Chatterjee, Advocate and For Respondents: Anil Gautam, Advocate |
| Judges | V.K. Shali, J. (Member (J)) and Air Marshal J.N. Burma, Member (A) |
| Issue | Armed 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 Date | Friday December 23, 2016 |
| Court | Armed Forces Tribunal |
Order:
(Principal Bench, New Delhi)
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.
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.
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.
The applicant...
To continue reading
Request your trialUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations