Trial of civil offences committed by armed forces personnel not on active service falls within the jurisdiction of ordinary criminal courts, with procedural rules governing trial compliance crucial but not dispositive if military authorities are aware of the case.

JUDGMENT

Swarana Kanta Sharma, J.

1. The instant petition under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the petitioner assailing the order dated 05.04.2018 ("impugned order") passed by learned Additional Sessions Judge, Special Fast Track Court, North West, Rohini Courts, Delhi in case FIR No. 415/2012 registered at Police Station Saraswati Vihar, under Sections 376/406/506/420 of Indian Penal Code, 1860 ("IPC").

2. The learned Trial Court, vide order dated 05.04.2018, dismissed the application of the petitioner, filed under Rule 3 and 4 of Criminal Court and Court Martial Adjustment of Jurisdiction Rules 1978 read with Section 475 Cr.P.C., by which the petitioner had challenged the jurisdiction of the learned Sessions Court to conduct the trial of present case.

3. The brief facts of the present case are that the complainant/prosecutrix was working as a woman Constable in Delhi Police and residing at Police colony Saraswati Vihar, Delhi. It is alleged that on 05.03.2011, the complainant was traveling from Rohtak to Delhi in Janta Express where she met one person namely Anil Yadav i.e., petitioner herein, who was in army uniform and had offered his seat as well as water to the complainant. The petitioner informed the complainant that he was posted in Faridkot, Punjab and both of them exchanged their mobile numbers. Thereafter, petitioner started calling her and promised to solemnize marriage with her and started to meet her frequently, whenever he used to visit Delhi. It is the case of prosecution that on 26.12.2011, petitioner came to Delhi to meet the complainant and stayed with her at her residential- government quarter at Saraswati Vihar, Delhi and on the same night, petitioner forced himself upon the complainant without her consent but assured her that he would solemnize marriage with her shortly. On 02.01.2012, petitioner solemnized marriage with the complainant and lived with her from 02.01.2012 to 05.01.2012 as her husband. On 02.02.2012, petitioner being ill, again came at the residence of complainant and stayed for fifteen days at her residence, where they stayed as husband and wife, and during that period, the petitioner took away the jewellery of complainant worth Rs.3 lakhs on the pretext of safe custody with his mother and left the house. It is further alleged that on 29.02.2012, petitioner again came to the house of complainant and stayed with her and had maintained physical relations with her. Next morning, when the complainant demanded her jewellery for some use, petitioner gave her a cheque of UTI bank, Faridkot, Punjab bearing no. 017138 for a sum of Rs. 2,00,000/- to encash and to buy new jewellery, but the same got dishonored. Though the complainant tried to contact the petitioner, she could not contact him, and later on, she came to know through Army authorities that the petitioner was already married and even had one daughter. Thereafter, the complainant approached the family of petitioner, but the petitioner began to threaten her, and on 25.10.2012, petitioner once again came to the house of complainant on pretext that he wanted to settle the issue, but he forcefully entered into complainant's house and forcibly attempted rape on her without her consent. The complainant, somehow escaped and made PCR call and the petitioner was app