Acquittal Order Further Enhances Presumption Of Innocence: SC Upholds AFT’s Decision That Acquitted Army Officials
The Supreme Court, while upholding the decision of the Armed Forces Tribunal that overturned the conviction of Air Force Officers under Section 304 Part II IPC, observed that an order of acquittal further enhances the presumption of innocence.
The Court said that there is absolutely no evidence of the Respondent or any other accused assaulting the deceased and there is no evidence to show that any act was done by the Respondent to cause death or with the intention of causing such bodily injury to the deceased as is likely to cause death.
The bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan observed, “…It is well-settled that an order of acquittal further enhances the presumption of innocence. It is equally well-settled that an order of acquittal cannot be interfered with only on the ground that another view can be taken based on the evidence on record.."
Brief Facts-
In the present case, the Respondent, along with four other Air Force officers, was tried by a General Court Martial on charges, including murder u/s 302 IPC, wrongful confinement u/s 342 IPC and misconduct under the Air Force Act. The case involved the alleged mistreatment and subsequent death of a signalman. Signalman was accused of misconduct at the residence of an officer which led to orders for confinement by the Respondent. He attempted to flee during transport, falling and suffering injuries that led to his death. The GCM convicted the Respondent under a reduced charge u/s 304 Part II IPC and sentenced him to five years imprisonment and cashiering, later reduced to two years by the Air Chief. Upon Appeal, the Armed Forces Tribunal overturned the conviction and set aside the sentence.
The Court said that there is no allegation made by the prosecution that while sitting in the gypsy or before that, any assault was made on the deceased either by the Respondent or by any other accused.
“The injuries found on the person of the deceased cannot be attributed to the respondent.”, the Court observed.
The Court said that as the allegations of commission of offences under the IPC were not established, the Respondent cannot be punished for the crimes under Sections 71,45 and 65 of the AFA.
Accordingly, the Court dismissed the Appeal.
