In Brief
Commander Ravindra V. Desai, a naval officer, was court-martialed on ten charges involving alleged obscene phone calls to wives of fellow officers. The court martial convicted him on all charges and ordered dismissal and loss of seniority. The Armed Forces Tribunal (AFT) set aside three charges as misjoined but upheld conviction on seven charges, reducing the punishment to loss of seniority only and ordering reinstatement. Both parties appealed to the Supreme Court. The Court examined key issues regarding the admissibility of Call Data Records (CDRs) under Section 65-B of the Evidence Act. It held that objections to mode of proof must be raised when the document is marked as an exhibit, not later. Technical defects can be cured if the opportunity is given. The Court found the CDRs reliable and established that the respondent possessed and used the telephone from which calls were made. Both appeals were dismissed; the respondent was ordered reinstated without back-pay."
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