JOGINDER SINGH vs STATE OF HIMACHAL PRADESH

The Supreme Court held that under Section 70 of the Army Act, 1950, the appellant, a Lance Naik charged with rape under Section 376 IPC, was triable by ordinary criminal courts as the offence involved a civilian. The Court clarified that since the military authorities did not exercise their discretion under Section 125 to hold a court martial, the trial by the Assistant Sessions Judge was valid. The Court upheld the conviction, affirming that the provisions of Section 126(1) and the Criminal Court and Court-Martial (Adjustment of Jurisdiction) Rules, 1952, were not applicable in this case.