Supreme Court · 1970 INSC 244 · Decided 30 November 1970
Joginder Singh v. State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 1970 INSC 244 · [1971] 2 S.C.R. 857
- Case number
- CRIMINAL APPEAL No. 34/1969
- Decided
- 30 November 1970
- Bench
- J.M. SHELAT, C.A. VAIDYIALINGAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376
Headnote
857 Army Act, 1950, .u. 70, 125 & 126(1)-Criminal Cburt and Court• Martial (Adjustment of Jurisdiction) Rules 1952, r. 4-Army man· charged 1vith rape-Concurrent jurisdiction of Court Mt+-rtial and Criminal Court-Offender handed orer b,v military authorities to Civil Authorities c/i.1cretion under s. 125 to hold Court Martial Is not exer­ cised by n1ilitar;v authorities and offender i') handed oVer to Civil authori­ ties provision• of s. 126(1) and r. 4 are not attracted. The appellant was a Lance Naik in a military regiment. He was appointed as Granthi
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