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2022 (11) TMI 1436 - SC - Indian LawsTime Limitation - Appellant relying upon Section 122 of the Army Act submitted that the trial by Court Martial was vitiated being barred by the period of limitation prescribed under the said provision - HELD THAT:- In the instant case, having regard to the contents of the letter dated 13.08.2015 written by the aggrieved person i.e., Col. Ramneesh Singh to the concerned authority, it clearly transpires that he was aware of the alleged act of the Appellant having stolen the affection of his wife on the date of the said letter. He had specifically mentioned in the said letter that it was for bringing to the notice of the concerned authority about the Appellant's act of stealing affection of his wife. The date 13.08.2015 would be the crucial date on which the aggrieved person had the knowledge about the commission of the alleged offence. Therefore The time had started running from the said date for the purpose of Section 122 of the said Act. In that view of the matter, the submission of the learned Senior Advocate appearing for the Respondents that date of aggrieved person's knowledge about the commission of the alleged offence by the Appellant, should be construed as the date when the Respondents prima facie concluded after the Court of Inquiry that the Appellant had committed the offence, cannot be accepted. The date 13.08.2015 therefore would be the date on which the aggrieved persons i.e., Col. Ramneesh Pal Singh had the knowledge about the commission of the alleged offence by the Appellant. The Convening Authority having directed the trial by General Court Martial vide order dated 22.11.2018, the same was clearly beyond three years and therefore barred Under Section 122 of the Act. The trial by the General Court Martial directed vide the order dated 22.11.2018 was clearly barred Under Section 122 of the Army Act. The said proceedings deserve to be quashed and set aside and are accordingly set aside. The appeal stands partly allowed.
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