accused in the course of performance of his duty
as a member of the Force; or
(II) Rule 45 –
“45. Case which may not be tried by Assam Rifles Court-
Without prejudice to the provisions of sub-rule (1) of rule 44,
an offender may not ordinarily be claimed for trial by a Assam
Rifles Court –
(i) where the offence is committed by him along with
any other person not subject to the Act whose
identity is known; or
(ii) where the offence is committed by him while on
leave or during absence without leave.”