Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Army Act Court martial proceedings Misjoinder of charges plea of juvenility |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Army Act, 1950- ss.39(a) and 52(a) -Army Rules, 1951- rr. 65, 72 and 79 - Court martial proceedings for absence without leave, for theft of ammunitions and for possession of counterfeit seal - Punishment of dismissal from service and 7 years RI - Writ petition - High Court held that entire court martial proceedings stood vitiated as the same could not have been held for the offences which the delinquent had committed as a juvenile - Held: In view of the Juvenile Justice Act, the delinquent could not have been tried in Court Martial for the offences which he had committed as a juvenile - But each charge was in respect of a separate and distinct offence and each charge could have been tried separately - Thus, trial by Court Martial was partly valid - Valid part of the proceedings is required to be saved by applying the principle of severability of offences - Hence, Court Martial Proceedings could not have been held invalid in entirety - By joint trial of all the charges, no prejudice has been caused to the accused, rather he has been benefited - Therefore, conviction recorded by the Court Martial is maintained, but in view of the facts of the case, sentence is reduced to 5 years RI - Juvenile Justice (Care and Protection of Children) Act, 2000.Juvenile Justice (Care and Protection of Children) Act, 2000 - ss.6, 15, 16, 18, 19, 20, 29 and 37 - Applicability of the Act~ Held: The Act being a special Act, has an overriding effect on any other statute - In the instant case, in Court Martial proceedings, plea of juvenility was not raised at initial stage,, hence not applicable - Army Rules, 1951 - r.51. Code of Criminal Procedure, 1973 - s.464 - Misjoinder of charges - Affect of- Held: Misjoinder for charges is merely an irregularity which can be cured - Misjoinder of charges would not invalidate the proceedings unless a failure of justice has occasioned or the person aggrieved has been prejudiced. Court Martial - Nature of - Court Martial proceeding is substitute of a criminal trial - Hence the case coming against the order in Court Martial proceedings should be examined in accordance with the principles/law applicable in a criminal case. Criminal Jurisprudence ~ There would be failure of justice not only by unjust conviction, but also by acquittal of the guilty- In case substantial justice has been done, it should not be defeated, when pitted against technicalities - Justice should not be tampered with mercy |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 206 |
Petitioner | Union Of India & Ors. |
Respondent | Ex-gnr Ajeet Singh |
SCR | [2013] 5 S.C.R. 620 |
Judgement Date | 2013-04-02 |
Case Number | 4465 |
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