Judgment

D.P. Wadhwa, J.-The respondent, an officer in the army, was tried by General Court Martial on the following two charges :

“(i) Under Army Act Section 52(a) for committing theft of property belonging to the Government in that he, at Pithoragarh on 08 Sept. 77 committed theft of the following property belonging to the Govt. :-

(aa) Jam td Kissan 4 tins (450 gms each) = 1.800 Kgs.

(bb) Pine apple td 6 tins (850 gms each) = 5.100 Kgs.

(cc) Sausage td 9 tins (400 gms each) = 3.600 Kgs.

(dd) Coffee 1 tin (500 gms)

= 0.500 Kgs.

(ee) Milk td 54 tins (397 gms each)

= 21.438 Kgs.

(ii) Under Army Act Section 39(b) for absenting himself without leave in that he, at Pithoragarh, on 03 June 78, while attached to Station Headquarters Pithoragarh, absented himself without leave until voluntarily rejoined on 07 June, 1978.”

2. After the conclusion of the trial by order dated Januar