KIRAN KUMAR vs UNION OF INDIA & ANR. & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 6319/2023 & CM APPL. 24814/2023 KIRAN KUMAR .....Petitioner Through: Mr. Tarun Rana, Mr. Rakesh Kumar Singh, Mrs. Reena Gupta and Mr. Sahir Gahlot, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Pratima N. Lakra, CGSC along with Mr. Chandan Prajapati & Mr. Shailendra Kumar Mishra, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 25.07.2025 OM PRAKASH SHUKLA, J. [The name of the complainant and her mother has been anonymized, for obvious reasons.] 1. The petitioner has filed the present petition assailing his dismissal from service and conviction under Section 376 and Section 468 of the Indian Penal Code, 18601 by the General Security Force Court2 constituted under the Border Security Force Act, 19673, wherein initially he was sentenced to undergo rigorous imprisonment for a period of two years. However, subsequently on revision by the 1 “IPC”, hereinafter 2 “GSFC”, hereinafter 3 “BSF Act”, hereinafter 2. Shorn off unnecessary details, the facts as noted from the petition would be that the petitioner, an Ex Constable (GD) bearing No. 021215166 was enrolled in the