Vineet Saran, J. - (1.) The petitioner joined the Indian Army on 18th July, 1975 as a Sepoy. In the year 1992, while the petitioner was posted in the field in the 8th Battalion of the Brigade of Guards, he was charge-sheeted for an incident that allegedly took place on 4.1.1992. The charge-sheet was served on the petitioner on 6.7.1992 and the three charges framed against him were as follows : * First under Section 69 of the Army Act for committing civil offence, that is to say using force on a woman with intent to outrage her modesty contrary to Section 354 I.P.C.; * Second under Section 39 (d) of the Army Act for failing to appear, without sufficient cause, at the time fixed and place appointed for duty; and * Third under Section 48 of the Army Act with regard to the petitioner having been found in a state of intoxication.
(2.) All the three charges relate to the same date i.e., 4.1.1992.
(3.) The petitioner was tried by the Summary Court Martial on 6.7.1992 and on the same date itself, after having been held guilty, he was awarded the following punishments : (a) to be reduced to the ranks; (b) to undergo six months rigorous imprisonment; and (c) to be dismissed from the service.;