Suffian J:

The plaintiff, a Sikkimese, was a teacher with the Brigade of Gurkhas in this country. On 12 October 1960, he went to India on leave from Kluang. On 24 February 1961, he returned from India. That day he was summoned before an officer. He went and saw a Gurkha Major, Lal Bahadur Thapa. There were present then about 11 or 12 officers. An officer pointed to a girl, the defendant, and said that she had accused the plaintiff of having had intercourse with her in his kitchen the day before he had left for India and as a result she was now pregnant. Later that day a Panchayat was held to ascertain the truth of her allegations. There the girl repeated her allegations against the plaintiff. Following the finding of the Panchayat the plaintiff was dismissed summarily by the General Officer Commanding the Brigade of Gurkhas and was ordered to return to India at his own expense within 12 days. He appealed but unsuccessfully. After correspondence with the army authorities, the plaintiff on ll October 1961 filed this suit, complaining that the words:

Karthak had intercourse with me in his kitchen one day before he left for India. As a result I am now pregnant.

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