AFT upholds 3-yr jail term for Major

Vijay Mohan

Tribune News Service

Chandigarh, February 24

The Armed Forces Tribunal (AFT) has upheld sentence of a Major who was cashiered from service and awarded three years rigorous imprisonment by a general court martial (GCM) on charges that included abetting a soldier to set a Captain’s house afire, stealing his car, encouraging the soldier to desert and improperly borrowing money from a subordinate.

In his petition, the officer had contended that false charges had been levelled against him and the trial by the GCM was without jurisdiction as his trial had commenced and concluded before the trial of the main accused had started. He said he could not have been tried as an abettor until the charges against the main accused in the case had been established in a legal proceeding.

The petitioner, ex-Major Om Prakash, had been tried on seven charges under various provisions of the Army Act and the GCM had held him guilty on five of the charges. The AFT, later, absolved him of a charge and finally, upheld the conviction on four charges.

The GCM, convened by the General Officer Commanding, 24 Infantry Division, had tried him for abetting the jawan to set a Captain’s official accommodation on fire at the Suratgarh military station, thereby causing a loss of Rs 4.08 lakh to the victim and of Rs 2.01 lakh to the government.

He was also tried for abetting the jawan to steal the Captain’s Santro car; inciting the jawan to desert, which he did the same day; improperly granting excess casual leave to the jawan; failing to pay transportation cost to a private contractor for transporting goods to his village and borrowing Rs 35,000 and Rs 5,000 from two soldiers in contravention of rules.