Tribune News Service

Chandigarh, July 17

The Armed Forces Tribunal, while upholding the sentence of cashiering and two-year rigorous imprisonment awarded by a general court martial to a Lt Col for allegedly having an improper relationship with a fellow officer’s wife, has ruled that a second trial based upon the same facts cannot be barred if the charges levelled in the two trials are different.

The officer had been convicted by the GCM in August 2018 on three charges under sections 45 and 69 of the Army Act for “behaving in a manner unbecoming of his position and character expected of him”, and for committing a civil offence involving dishonesty. As per the charges, he had instigated the wife of another Lt Col to divorce her husband, entered into an illicit affair with her and presented himself as being married to her while leasing out a flat for her.

Though the officer denied the allegations against him and contended some rules were not complied with during proceedings against him, AFT Bench comprising Justice VK Shali and Lt Gen Philip Campose held the three charges were proved beyond reasonable doubt.

In 2016, the woman lodged a complaint of rape and criminal intimidation against the officer, but the court of Additional Session Judge, New Delhi, discharged him. The order was upheld by the Delhi HC. The officer contended since he was discharged, it was illegal to try him afresh by a GCM by splitting the offences.

Pointing out that a second trial is barred only if a person is acquitted or convicted by a court, the Bench said in the case of a discharge, the same court or even for that matter an Army court could try him for the offence of rape and criminal intimidation.