GNR TA MUNNI LAL Vs. UNION OF INDIA
LAWS(DLH)-1999-1-62
HIGH COURT OF DELHI
Decided on January 04,1999

GNR (TA) MUNNI LAL Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

K. Ramamoorthy, J(ORAL) - (1.)The Petitioner has filed the writ petition challenging the order dated 24/08/1992 wherein sentence imposed by the Summary Court Martial. The charges against the accused was that "the Accused, No. 14495358L Gunner (TA) Munni Lal, 320 Field Regiment, is charged with an Omission prejudicial to Good Order and Military Discipline in that he, at Field, on 03 November, 1991, while deployed for the purpose of guard duty at PSK uncut gap DCB, improperly omitted to report to his superior the fact that a woman was inside the bunker alongwith No. 14327149A Hav (DMT) K.D. patil of the same Unit".
(2.)In para 4 of the writ petition the petitioner has specifically stated:
That one Hav. (DMT K. D. Patil being superior Officer to the petitioner of the same unit took Smt. Geeta Devi to the bunker (A dug out post for dwelling of pors in field area) and had sexual abuse with the lady. The matter was reported by the petitioner to his superior officer namely Sub Rawal Singh of the same Unit.

(3.)This has not been controverted by the Respondents in the counter affidavit. At the time of Summary of evidence 9 witnesses have been examined and the first witness was the lady alleged to have been raped by some other person namely, Smt. Geeta Devi. She would state that" I Smt. Geeta Devi do not want to make any statement and I wish to withdraw the case against No. 14495358 Gnr (TA) Munni Lal and have nothing against him." The second witness Mr. Ajit Raj of Rangpur Irewa stated that " On 03/11/1991 at around 0600 hours I alongwith my younger brother came to the Army post to search for my aunt who had been missing since the night before. We asked the sentry on the post for help by checking the buses coming to the post. The first bus came at around 0630 h and on identifying my aunt I made her alight from the bus. My younger brother thereafter left to inform our family. The woman refused to recognise me and seeing the commotion the JCO who was there asked us to wait in the tent and subsequently handed us over to the police constable on a subsequent bus. He took us to the police station and I was separated from my aunt and kept in a different room. One policeman thereafter took the girl for medical examination."


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