K.C. Agrawal, J. - (1.) This petition under Article 226 of the constitution has been filed by Ruval Kumar Vasave convicting and Sentencing him for life imprisonment by the General Court Martial, which was confirmed by the Major General, Army Head Quarters, New Delhi on 28-11-1977. The petitioner also seeks quashing of the order passed by the Chief of the Army staff, Army Head quarters, New Delhi, dismissing the petitioner's appeal on 25-7-1979.
(2.) The facts are these. The petitioner was employed as Sepoy Driver and was posted and attached to 18 A.S.C. Battalion, Ranchi in the year 1976. The regimental number of the petitioner was 13835249 A.S.C. (M.T.). At that time R.N. Borah and S.K. Sen were also posted at Ranchi.
(3.) On 8th May, 1976, sometime at about 8 p. m. the petitioner alongwith R.N. Borah and Sri Dass (a civilian friend of the petitioner No. 1) went in auto rickshaw to the house of Miss. Shanti, a young girl of questionable character. Miss. Shanti was not present in the house. Shanti's mother Smt. Kripa Topno wife of Vimal Topno was present. On enquiry by the petitioner Ruval Kumar Vasave regarding where abouts of Shanti, her mother replied that Shanti had gone with one Sri Murthy and his wife. She further told the petitioner that Shanti was taken away by him (Murthy) on the pretext that sepoy Driver Ruval Kumar Vasave (The petitioner) would be coming to his house. The petitioner informed Smt. Kripa Topno that he had not met Shanti.;