- (1.) This writ petition is directed against the order dated 18.11.2014 (Annexure P-2) passed by Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir, (hereinafter referred to as 'the Tribunal'), vide which prayer of the petitioner for setting aside the order of General Court Martial dated 11.04.2014, convicting and sentencing him under Section 69 of the Army Act read with Sections 10 and 12 of The Protection of Children from Sexual Offences Act, 2012 was dismissed.
(2.) The petitioner was awarded sentence of reduction in rank, rigorous imprisonment for five years and dismissal from service.
(3.) The prosecution story in nutshell is that on 22.10.2013 the petitioner came to his quarter. His son was playing with minor girl child (identity of the victim withheld). The petitioner called the girl child at the time when his wife was in kitchen and his son was present in the drawing room. The minor child went to the room where the computer was kept and started operating the computer. The petitioner after grabbing the hand of the minor girl child (victim) put the same in his underwear and made her to touch his private part and also showed his private part to the victim. The victim immediately ran back to her house and narrated the entire episode to her mother. The father of the child returned home from duty and then her mother narrated the story to him. The father enquired from the victim child and on coming to know about the facts, he went to the house of the petitioner-accused along with his wife and lodged protest and told him that they will report the matter to the higher officers. The mother of the victim was very angry and the father of the victim persuaded his wife to go home. Thereafter, Company Havildar Major (CHM) Sanjay Guleria came to the spot and he was told about the happening. On hearing this, Company Havildar Major (CHM) Sanjay Guleria called Krishan Kumar (CHM) immediately. At that time the petitioner-accused told that the minor child was putting CD in the computer, so he had held her hand and asked her not to do so. Broadly the accused denied the allegations against him.;