( 1 ) THE appellant faced a proceeding of court martial under the provisions of the Army Act, 1950 whereunder he has been found guilty and has been sentenced to imprisonment for 2 years and has also been dismissed from service. The appellant after exhausting the remedies available to him under the provisions of the Army Act moved the High Court under Article 226 of the Constitution. The Division Bench of the Delhi High Court dismissed the said writ petition by the impugned judgment and hence the present appeal.

( 2 ) SUBSTANTIALLY, the contention raised by the appellant before the High Court was that the Court Martial had no jurisdiction to try inasmuch as the appellant was charged with the offence of attempting to commit rape and Section 70 of the Army Act excludes the same from the purview of the Court Martial. The High Court in the impugned judgment did consider the aforesaid question and interpreting Section 70 of the Army Act has come to the conclusion that only the jurisdiction of the Court Martial is ousted when the accused is charged for commission of an offence for murder or of culpable homicide not amounting to murder or rape and since the charge in the present case was a