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2025 Supreme(Online)(Del) 6822

IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA, JJ
SARBRAJ SINGH – Appellant
Versus
UNION OF INDIA & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhishek Sharma, Mr. Harpreet Singh Kohli, Mr. Gagandeep Kulyana
For the Respondents: Mr. Jitesh Vikram Srivastava, Mr. Rahul Kumar Sharma

1 “BSF” hereinafter 2 “BSF Act” hereinafter 3 “BSF Rules” hereinafter

dismissed; and (ii) the conviction and sentence recorded by the General Security Force Court4 on 14.11.2022, as affirmed by the Additional Director General (Western Command)5 on 24.11.2022.

4 “GSFC” hereinafter 5 “ADG (WC)” hereinafter

2. The petitioner, a former Inspector (GD) (No. 11006886), was enrolled in the BSF as of 05.07.2005 as a Sub-Inspector (GD) under the Sports Quota. He was posted to 115 BN BSF on 28.10.2010 and was later attached to Frontier HQ BSF, Punjab, as a hockey coach under the „Prahari Bal Vikash Yojna".

3. It is pertinent to mention that the minor victim was about 12 years old at the time of the alleged incident. She joined the BSF Senior Secondary School, Jalandhar, upon her selection for hockey coaching, and was residing in the girls" hostel located inside the BSF campus.

4. The prosecution"s story in brief is that on 20.12.2021 at around 5:40 a.m., the child victim, along with five other students, went to attend the hockey coaching session at Ashwini Stadium, being conducted by the petitioner. Since the hockey field was covered with heavy fog that day, after a short period of coaching,

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