Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss. 342 and 392 rlw. s.25(1-A) of Arms Act ands. 77(2) of Navy Act, 1957 - Bunk robbery by 3 Navy officials - Court Martial trial - Conviction on the basis of the witnesses PWs 14 and 18 (Bank Manager and Clerk) - Their dismissal with disgrace alongwith other consequential penalties - In statutory appeal conviction confirmed - Armed Forces Tribunal disbelieved the identification of the three accused persons by PWs 14 and 18 - Convicted the accused 'AK' and 'UK' on the basis of evidence of Fingerprint Expert proving the chance fingerprint to be that of appellants 'AK' and 'UK' - Appellant 'DK' was acquitted giving him benefit of doubt -Appeals by accused 'AK' and 'UK' assailing their conviction and by accused 'DK' seeking his reinstatement in service in view of his acquittal - Held: Evidence of PWs 14 and 18 as regards the identification of the accused persons could not have been disbelieved - The lapses in the evidence of the fingerprint expert cannot result in acquittal of the two appellants 'AK' and 'UK' - So far as the third appellant 'DK' is concerned though his identification as accused in confirmed as evidence of PWs J.I and 18 are reliable, but in absence of States appeal against his acquiual, his acquittal cannot be interfered with - He cannot claim reinstatement as he has been acquitted giving benefit of doubt - An employee can claim reinstatement only when he has been honourably acquitted - Even in view that he was identified by PWs 14 and 18, he cannot be reinstated -Arms Act, 1959 - s. 25 {1-A) - Navy Act, 1957 - s. 77(2) - Service Law - Reinstatement. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 522 |
Petitioner | Ajay Kumar Singh |
Respondent | The Flag Officer Commanding-in-chief & Ors. |
SCR | [2016] 5 S.C.R. 957 |
Judgement Date | 2016-07-13 |
Case Number | 325 |
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