Per: Sanjeev Sachdeva, Acting Chief Justice
1. Petitioner has filed the subject writ petition challenging the legality, validity
and propriety of impugned order dated 07.05.2024 passed by the Armed Forces
Tribunal, Regional Bench, Jabalpur (hereinafter referred to as ” the Tribunal”) in
O.A. (A) No. 188 of 2018, by which, the Original Application filed by the
Petitioner has been dismissed.
2. Petitioner had been enrolled in Corps of Signals as a Driver (Mechanical
Transport) on 02.12.1996. During the year 2016, the petitioner had been posted
with Semi Static Tropo Company. District Court Martial (DCM) held at Field
NEUTRAL CITATION NO. 2025:MPHC-JBP:29495
between 01.09.2016 to 28.09.2016 against the petitioner for alleged offences
committed on 17.07.2016 on a Lady Officer. The DCM had been assembled
pursuant to the order issued by General Officer Commanding, 15 Corps vide order
dated 27.08.2016. Thereafter, the DCM tried the petitioner for two charges. The
first charge was under Section 69 of the Army Act read with Section 354 of Ranbir
Penal Code (hereinafter referred to as ‘RPC’), for an act intended to outrage the
modesty of a Lady Officer on 17.07.2016 and the second charge was under Section
69 of the Army Act read with Section 451 of RPC for trespass to commit the
offence as mentioned in the first charge.