A.M. KHANWILKAR, J.:---This writ petition under Article 226 read with Articles 14 and 21 of the Constitution of India seeks to challenge the order passed by the Court Martial dated 4th September, 2000 (Exh. P.I.); by the Admiral Chief of the Naval Staff dated 8th January, 2001 in Judicial Review of trial by Court Martial (Exh.P.2) as well as order passed by him in exercise of powers conferred under section 163 of the Navy Act, 1957 vide order dated January 31, 2001 (Exh. P.2/A). The petitioner challenges these orders whereby the Chief of the Naval Staff has maintained the findings of the Court Martial and held him guilty under sections 497, 452 and 325 of the Indian Penal Code respectively read with section 77(2) of the Navy Act, 1957, but modified the sentence to one of Rigorous Imprisonment as a Class I prisoner for a period of 12 calendar months; to be dismissed from Naval Service and to suffer the consequential penalties involved.

2. The petitioner was tried in the Court Martial proceedings for the following charges as set out in the charge-sheet, as amended in terms of Regulation 157, Regulations for the Navy Part II (Statutory) dated August 1, 2000, which read thus :

"The accused Lieutenant Shivendra Bikaram Singh (03560-R), Indian Navy belonging to Indian Naval Ship Hansa, being a person subject to naval law, is charged for that he :

(1) Did between the 20th day of October, 1997 and the 5th day of November, 1997 commit adultery by having sexual intercourse with Mrs. Aarti Tandon Baijal, the lawful wife of Commander Dilip Baijal (01943-R) whom he knew to be the wife of Commander Dilip Baijal (01943-R) without the consent or connivance of the said Commander Dilip Baijal (01943-R) and thereby committed an offence punishable, under section 497 of the Indian Penal Code, 1860 read with section 77(2) of the Navy Act, 1957.

(2) Did between the 3rd day of April, 1999 and the 30th day of September, 1999 threaten Mrs. Aarti Tandon Baijal, wife of Commander Dilip Baijal (01943-R) at Vasco. Sub-Division, South Goa, District Goa with grievous hurt to her person with intent to cause alarm to the said Mrs. Aarti Tandon Baijal, wife of Commander Dilip Baijal (01943-R) and thereby committed an offence punishable under section 506 of the Indian Penal Code, 1860 read with section 77(2) of the Navy Act, 1957.

(3) Did at about 0645 hours on the 30th day of July, 1999, commit house trespass by unlawfully remaining in G-1 Parijat Building, Chowgule Real Estate, Zorint, Zurinagar at Vasco Sub-Division, South Goa, District Goa the residence of Mrs. Aarti Tandon Baijal wife of Commander Dilip Baijal (01943-R), having made preparation for causing hurt to the said Mrs. Aarti Tandon Baijal, wife of Commander Dilip Baijal (01943-R) and thereby committed an offence punishable under section 452 of the Indian Penal Code, 1860 read with section 77(2) of the Navy Act, 1957.

(4) Did at about 0645 hours on the 30th day of July, 1999, voluntarily cause grievous hurt to Mrs. Aarti Tandon Baijal wife of Commander Dilip Baijal (01943-R), at Flat No. 1, Parijat Building, Chowgule Real Estate, Zorint, Zuarinagar at Vasco Sub-Division, South Goa, District Goa and thereby committed an offence punishable under section 325 of the Indian Penal Code, 1860 read with section 77(2) of the Navy Act, 1957."

At the conclusion of the Court Martial proceedings, the petitioner was found guilty of charges 1, 3 and 4 under sections 497, 452 and 325 of the Indian Penal Code respectively, read with section 77(2) of the Navy Act, 1957 and sentenced to Rigorous Imprisonment as Class I prisoner for a period of 24 months; to be dismissed with disgrace from Naval service and to suffer the consequential penalties involved. The said findings and the sentence were challenged by the petitioner before the Admiral Chief of the Naval Staff who, in turn, in exercise of powers conferred under section 163 of the Navy Act, 1957 (hereinafter, called as "the Act") maintained the findings of the Co