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september 2019

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.

UNION OF INDIA vs SANDEEP KUMAR · Niyam