L.NAGESWARA RAO,J. - (1.) These Appeals have been preferred against the judgment of the Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter, 'the Tribunal') by which the conviction of Ex. Lt. Col. S. S. Bedi by the General Court Martial was affirmed. However, the sentence of cashiering from service was converted into a fine of Rs.50,000/- by the Tribunal. An application filed by Ex. Lt. Col. S. S. Bedi for granting permission to file an Appeal was dismissed by the Tribunal. The Appellant has filed Criminal Appeal No.997 of 2013 aggrieved by the judgment of the Tribunal upholding the conviction ordered by the General Court Martial and imposition of fine of Rs.50,000/-. The Union of India has filed Criminal Appeal No.13 of 2013 aggrieved by the alteration of sentence from cashiering from service to imposition of fine. For the sake of convenience, we will refer to the parties as they are arrayed in Criminal Appeal No.997 of 2013.
(2.) The Appellant was commissioned in the Indian Army Medical Corps on 24.07.1966. He was posted at Base Hospital Lucknow as a Medical Specialist on 03.04.1984. A complaint was made by two women against the Appellant on 15.05.1986 that he misbehaved with them during checkup by inappropriately touching their private parts. The GOC-in-C directed attachment of the Appellant for recording of summary evidence which was completed on 30.09.1986. Due to certain procedural irregularities, the summary of evidence was cancelled on 01.10.1986 and a de novo recording of summary of evidence was directed. On the basis of the summary of evidence, the convening authority directed trial of the Appellant by the General Court Martial. On 29.11.1986, a charge sheet was filed against the Appellant. He was charged for committing a civil offence that is to say, using criminal force on two women with intent to outrage their modesty, contrary to Section 354 of the Indian Penal Code, 1860 (IPC). The Appellant was held guilty by the General Court Martial on 09.12.1986 and was sentenced to be cashiered from service on 14.01.1987.
(3.) The Petition filed by the Appellant under Section 164 (2) of the Army Act, 1950 was rejected on 30.05.1988. The conviction and sentence of the General Court Martial were challenged by the Petitioner before the Delhi High Court in the year 2010. The Writ Petition filed by the Appellant was transferred by the Delhi High Court to the Principal Bench of the Armed Forces Tribunal, New Delhi. The Tribunal upheld the conviction of the Appellant but converted the punishment of cashiering to a fine of Rs.50,000/-. Being dissatisfied, the Appellant filed the above Appeal. The Respondents have also filed an appeal aggrieved by the judgment of the Tribunal converting the sentence of cashiering to a fine of Rs.50,000/-.;