In Brief
In this criminal appeal, the Supreme Court examined a conviction arising from a summary court-martial where a soldier was alleged to have assaulted another with a talwar on the forehead. The Court found that the court-martial proceedings violated mandatory procedural rules under the Army Act, 1950 and Army Rules, 1954, particularly Rules 179 and 180. Crucially, the respondent was denied the opportunity to cross-examine witnesses whose statements were recorded in the summary of evidence. Applying settled law that when two reasonable views of evidence exist, the one leading to acquittal must be preferred, the Court upheld the acquittal and dismissed the appeal.
The lawyer headnote and full judgment text are available to registered users.