Supreme Court of India · 2019-09-13
UNION OF INDIA vs SANDEEP KUMAR
- Citation / case number
- SC 2016/9218
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- SANDEEP KUMAR
- Author
- HON'BLE MR. JUSTICE HEMANT GUPTA
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court upheld the Armed Forces Tribunal's order under Section 30 of the Armed Forces Tribunal Act, 2007, which set aside the conviction and sentence of the accused for theft of two pistols. The Tribunal found that the confessions made by the accused were not proven to be voluntary and did not lead to any recovery of the stolen items, thus failing to meet the evidentiary requirements under Army Order No. 256 of 1972. The Court affirmed the Tribunal's decision to reinstate the accused without back wages, emphasizing the lack of credible evidence against them.