Virender Singh ACJ;—

1. Delay in dispensation of justice, more often than not, is occasioned because of procedural wrangles. The case on hand is of that type.

2. The present two petitioners are facing trial in case FIR No.47/1998 registered at Police Station Mandi, Poonch, on 25.09.1998 for offences punishable under Sections 376, 456 and 342 RPC.

3. The factual matrix of the prosecution case needs to be noticed in the start.

4. The petitioners are members of Armed Forces, petitioner No.1 is a Captain in 8th Btn. JAKLI of the Army and petitioner No.2 a Havaldar in said Btn. The allegation against them is that on the night intervening 22nd and 23rd September, 1998, they while posted at Army Post Poonch, Chaktaro, accompanied by other army personnel allegedly broke into residential house of one Noor Mohammad son of Khan Alam resident of Chaktaro, separated male members of the family from the ladies, whisked them away and committed repeatedly rape on two female members of that family aged 18 and 24 years. The occurrence was got lodged by Noor Mohammad. Superintendent of Police, Poonch directed Dy.S.P. Headquarter, Poonch to verify and take necessary legal action. In turn, SHO Police Statio

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