SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Gau) 457

MICHAEL ZOTHANKHUMA, MARLI VANKUNG
Union of India – Appellant
Versus
Sh. Zakaria Ahmed – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms Zairemsangpuii
For the Respondent: Mr B Lalramenga

JUDGMENT :

Heard Ms. Zairemsangpuii, learned CGC for the appellants and Mr. B. Lalramenga, learned counsel for the respondents.

2. This appeal has been filed against the Judgment & Order dated 25.02.2022 passed by the learned Single Judge in WP(C) No. 150/2019, which had set aside the impugned order of dismissal dated 01.03.2019, issued by the Commandant, 1st Battalion BSF, on the ground that the General Security Force Court (GSFC) Order dated 07.12.2018, which came to a finding that the respondent was guilty of the charge punishable under Section 10 of the POCSO Act, 2012 did not convict the appellant, as the word ”convicted” was absent in the impugned order. The learned Single Judge followed the judgment of a Co-ordinate Bench of this Court in the case of Rajib Choudhury Vs. Union of India & Ors., reported in 2015 (1) GLT 185, wherein it held that the finding recording the opinion of the Court that the accused was guilty of the charge did not crystalize into an order of conviction, unless there was an order of conviction.

3. The brief facts of the case is that the respondent, wh

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top