JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for the parties.

2. Rule. By consent, the rule is made returnable forthwith.

3. The petitioner by the present petition seeks to quash the judgment and Order dated 16th September, 2003 passed by the Additional Sessions Judge, Baramati, whereby the petitioner has been held quality of having committed rape and has been punished under section 376 r/w 506 of Indian Penal Code. The challenge is on the ground that the Court below did not comply with the mandatory provisions of section 475 of the Criminal Procedure Code, 1973, here-in-after called as "the said Code".

4. It is the contention of the petitioner that he was wrongly shown as agriculturist inspite of the fact that the petitioner was in active military service as army personnel being Non-Commissioned Officer and thereby the proceedings were held in the Sessions Court in accordance with the provisions of the said Code even though in accordance with the provisions of Army Act, 1950 (hereinafter called as "the said Act") read with section 475 of the said Code the petitioner was required to be prosecuted by the Court Martial and therefore, the Court below ought to have ha

Click Here to Read the rest of this document