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2022 Supreme(Gau) 391

NELSON SAILO
Zakaria Ahmed. No. 990065375 Constable (GD), S/o Lt. Abu Bakkar Siddique – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B. Lalramenga, Ms. H. Kristazi, Mr. Roshan Subedi, Mr. Vanlalhruaia Vanchhawng, Ms. C. Lalhriatpuii.
For the Respondent: Ms. Zairemsangpuii, adv

JUDGMENT :

Heard Mr. B. Lalramenga, learned counsel for the petitioner and Ms. Zairemsangpuii, learned CGC for the respondents Union of India.

[2] By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged (i) the impugned Order dated 07.12.2018 passed by the General Security Force Court (GSFC), by which he has been found to be guilty of the charge punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), (ii) the impugned confirmation Order dated 06.02.2019(Annexure-9), by which the pre-confirmation petition dated 12.12.2018 submitted by the petitioner against the finding dated 7.12.2018 was rejected and the findings was confirmed and (iii) the Order dated 01.03.2019 (Annexure-10) by which the petitioner on being found guilty under Section 10 of the POCSO Act was sentenced to suffer imprisonment for 5 years and also dismissed from service.

[3] Brief facts of the case is that the petitioner was appointed as a Constable in the Border Security Force (BSF) on 30.04.1999 and was working as such till he was punished and dismissed from service. On 06.03.2018, one girl namely, Suchana Chakma aged about 12

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