PRADEEP NANDRAJOG, J.

1. On 12/07/1998 at 11.00 hrs. a farewell party was organized at BOP Varanhar in District Barmer. The party was over by 12.30 hrs. Liquor was served at the party. Head Constable A.P Ravindran, the officer superior to the respondent who was holding the post of Lance Naik made a complaint that the respondent assaulted him. As per Rule 43 of the BSF Rules, 1969 an offence report was submitted to the Commandant of the Battalion who considered the same as per Rule 45 and remanded the matter for preparation of record of evidence in terms of clause (iii) of sub-Rule 43 of Rule 45. The charge in respect whereof record of evidence had to be drawn was for an offence under Section 20(a) of the BSF Act, 1968 i.e. using criminal force against a superior officer. The record of evidence was placed before the Commandant who was of the opinion that the respondent needs to be tried and thus a charge-sheet was served upon the respondent and he was directed to be tried before a Summary Security Force Court. Proceedings commenced on 06/08/1998. At the arraignment the respondent pleaded not guilty and thus the prosecution laid evidence.

2. The first witness of the departmen