26 October 2020


Judgments

High Court of Delhi

SEP. Akhalesh Kumar Ray v. UOI and Ors.

MANU/DE/2675/2015

14.09.2015

Criminal

Courts empowered to determine if court-martial conducted in accordance with law

High Courts cannot re-appreciate findings of court-martial, they can however interfere if findings reached are perverse. In a case where an Army Sepoy driver was sanctioned for illegally selling petrol belonging to the government, the Court held that the court-martial reached its conclusion on “scant…if present” evidence. It had remained unproven that the petrol belonged to the government, and the sepoy’s fingerprints were not matched with those on the bottles used to carry petrol. The Court decided that though there was merit in the leveling of charges from witness testimony, on a lack of evidence, the benefit of doubt had to be given to be given to the sepoy.

Relevant

Maharashtra State Board of Secondary and Higher Secondary Education v. K.S. Gandhi and Others MANU/SC/0583/1991
Sawai Singh v. State of Rajasthan MANU/SC/0340/1986
Avtar Singh v. Union of India and Ors. MANU/DE/3349/2013

Tags : Army court martial evidence testimony

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