( 1 ) THE scope and limitation of Court Martial proceedings envisaged under the provisions of the Army Act, 1950 ( hereinafter referred to as the Act ) and The Army Rules, 1954 ( hereinafter referred to as the Rules ) framed thereunder is in question in this writ petition, which arises out of a judgment and order of conviction and sentence passed against the petitioner on 23. 03. 1993.

( 2 ) THE petitioner was accused of a serious charge. A complaint was made against him by a few ladies that on 15. 05. 1992 he committed an offence of rape on one lady. He was put under arrest on the same day. He was released on 18. 05. 1992 as no F. I. R. was lodged. The petitioner allegedly shot at Major Gaikawad on 20. 05. 1992, who had arrested the petitioner. A charge-sheet under Section 302 of the indian Penal Code ( hereinafter referred to as the IPC ) was filed against him on 30. 01. 1993 and a Court Martial for the purpose of his trial was convened on 17. 02. 1993.

( 3 ) A sentence of imprisonment of life coupled with dismissal from service was passed on 23. 03. 1993. A pre-confirmation application filed before the competent authority by him was rejected. Even a post-confirma