MICHAEL ZOTHANKHUMA, MARLI VANKUNG
Union of India – Appellant
Versus
Sh. Zakaria Ahmed – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.