Judgment

VAIDIALINGAM, J.:- In this appeal on certificate issued by the Delhi High Court, the appellant who is governed by the Army Act, 1950 (hereinafter referred to as the Act) challenges the legality of his trial and conviction for an offence under S. 376 I.P.C. by the Assistant Sessions Judge, Nahan.

2. The main attack levelled against the proceedings is that the material provisions of the Army Act read with the Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1952 (hereinafter referred to as the Rules) framed by the Central Government under S. 549 (1), Cr. P.C. have not been complied with by the Assistant Sessions Judge. The prosecution case is briefly as follows:

3. The appellant was a military personnel attached to Punjab Regiment No. 24, which moved to Nahan on March 3, 1967. The appellant was a Lance Naik and was appointed as a temporary Granthi of the Katcha- Johar temple used by the military personnel. One Jiwa Nand with his wife and children was living close by the temple. On March 8, 1967 at about 8.30 a.m. Gayatri " Devi aged about 10 years and daughter of Jiwa Nand was called by the appellant and when she came near him she was taken inside the adjo