Heard Mr. Bhanot, in support of this appeal. Mr. Y. K. Agarwal with Lt. Cdr. G. D. Mukerji, appears for the respondent.

2. This appeal filed by the Union of India through the Chief of Army Staff and. its officers seeks to challenge the order passed by a learned Single Judge allowing the writ petition filed by the respondent herein. The learned Single Judge by the impugned judgment and order dated 25. 9. 2003 has quashed and set aside the sentence awarded to the respondent in summary Court Martial on 6. 7. 1992 and subsequent order rejecting the annulment thereof vide order dated 10. 4. 1993.

3. The short facts leading to this appeal are this wise. The respondent herein joined the Indian Army on 18. 7. 1975 and at the relevant time in year 1992 was deployed with the 8th Bn. Brigade of the Guards in Assam in the counter insurgency operation as stated in paragraphs 6 and 10 of the counter to the writ petition affirmed by Capt. Pankaj Saxena. It so transpired that in the night of 4. 1. 1992 at about 10:00 p. m. , the respondent entered into the house of one Sri Dhaneshwar Das and tried to molest his wife (the name of lady is borne on the record of the writ petition,