JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. Admit.

2. This appeal arises from a judgment of the Armed Forces Tribunal at its Chandigarh Regional Bench dated 7 December 2015. The appellant was enrolled on 29 October 1996 in the 43 Armed Brigade and was at the material time posted as Acting Lance Dafadar, (“ALD”). It is alleged that on 11 August 2007 while on duty for cleaning the service area in the morning, the appellant entered the residence of a colleague and while his spouse was washing her son, placed his hands on her shoulder.

3. A Summary Court Martial, (“SCM”) took place on 22 May 2008 during the course of which evidence was recorded. The appellant was held guilty and was dismissed from service. Among those who deposed during the SCM were the victim and her husband.

4. The Armed Forces Tribunal, while holding that the charge had been duly established, came to the conclusion that the punishment of dismissal was disproportionate and should be modified to an order of discharge.

5. Mr. Naresh Ghai, learned counsel appearing on behalf of the appellant has submitted that during the course of the evidence it emerged that in the month of June or July 2007, the appellant had reported the sp