Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 12345] [Entire Act]

Union of India - Subsection

Section 12345(11) in The Air Force Rules, 1969

(11)The Court being re-opened the accused is again brought before it is duly sworn. [or affirmed].Evidence of character, etc.Question-What record have you to produce in proof of former convictions against accused and of his character?Answer by witness-I produce a statement certified under the hand of the officer having custody of the service [or other official] records.The statement is read [orally translated] marked signed by the presiding officer (judge-advocate) and attached to the proceedings.Q-Is the accused the person named in the statement you have heard read?A-Q-Have you compared the contents of the above statement with the service [or other official records?A-Q-Are they true extracts from the service [or other office] records and is the statement of entries in the conduct sheet a fair and true summary of those entries?A-Cross-examined by the Accused
Re-examined
orThe accused declines to cross-examine this witness.[Instruction.-Any further question will be put and any evidence produced which the Court requires as to any point respecting the character and service of the accused on which the Court desires to have information for the purpose of their sentence.At the request of the accused, or by the direction of the Court, the service or other official books, or a certified copy of the material entries therein must be produced for the purpose of comparison with the statement.The accused is entitled to call the attention of the Court to any entries in the service or other official books, or in the certified copy above-mentioned, and to show that they are inconsistent with the statement.When all the evidence on the above matters has been given the accused may address the Court thereon.]Question to accused-Do you wish to address the Court?Answer-The Court is closed for the consideration of the sentence.SENTENCEThe Court sentences the accused (No .................................Rank.................................Name .................................Unit.................................):
(a)[The words in italics are to be entered in the margin.]Death.-To suffer death by being hanged by the neck until he be dead [or to suffer death by being shot to death].
(b)Imprisonment for life. [The words in italics are to be entered in the margin.]-To suffer imprisonment for life.
(c)Rigorous (Simple) imprisonment. [The words in italics are to be entered in the margin.]-To suffer rigorous (simple) imprisonment for .................................years [months or days]. [Terms of imprisonment or detention for any period not amounting to one month (i.e., a calendar month) will be awarded in days; for any period of one year or more years will be awarded in years; and in any other case, will be awarded in months, or if required, in months and days.]
(d)Detention. [The words in italics are to be entered in the margin.]-To undergo detention for ................................years [months or days] [Terms of imprisonment or detention for any period not amounting to one month (i.e., a calendar month) will be awarded in days; for any period of one year or more years will be awarded in years; and in any other case, will be awarded in months, or if required, in months and days.]
(e)Cashiering. [The words in italics are to be entered in the margin.]-To be cashiered.
(f)Dismissal. [The words in italics are to be entered in the margin.]-To be dismissed from the service.
(g)Reduction. [The words in italics are to be entered in the margin.]-To be reduced to the rank of .................................[or to the ranks] [or to the classification of].
(h)
(i)[A Court-Martial may forfeit only past seniority in the substantive rank held (i) or (ii) are for use in cases of persons whose names are published in the Air Force List, while (iii) is for use in other cases, (i) should be used where it is intended to adjust the precedence of the accused within a group of persons who along with the accused were promoted to the same substantive rank with effect from the same date .................................in the Air Force List (month and year);] Forfeiture of seniority. [The words in italics are to be entered in the margin.]-To take precedence in the rank held by him as if his name had appeared between the names of .................................and.................................
or
(ii)[A Court-Martial may forfeit only past seniority in the substantive rank held, (i) or (ii) are for use in cases of persons whose names are published in the Air Force List, while (iii) is for use in other cases. (1) should be used where it is intended to adjust the precedence of the accused within a group of persons who alongwith the accused were promoted to the same substantive rank with effect from the same date.] Forfeiture of seniority. [The words in italics are to be entered in the margin.]-To forfeit .................................(specify period) seniority of rank, that is to say, to take precedence in the rank held by him as if his name had appeared between those of .................................and.................................in the Air Force List (month and years).
or
(iii)[A Court-Martial may forfeit only past seniority in the substantive rank held, (i) or (ii) are for use in cases of persons whose names are published in the Air Force List, while (iii) is for use in other cases. (1) should be used where it is intended to adjust the precedence of the accused within a group of persons who alongwith the accused were promoted to the same substantive rank with effect from the same date.] Forfeiture of seniority. [The words in italics are to be entered in the margin.]-To forfeit .................................(specify period) seniority of rank, that is to say, to take precedence in the rank held by him as if his appointment to the rank of............ (here specify the substantive rank held) bore date .................................
(iv)Forfeiture of past service for promotion. [The words in italics are to be entered in the margin.]-To forfeit .................................(here specify period) past service for the purpose of promotion.
(i)Forfeiture of service for. [The words in italics are to be entered in the margin.]-To forfeit .................................(here specify period) for the purpose of .................................(here specify increased pay, and/or pension and/or any other prescribed purpose).
(j)Severe reprimand or reprimand. [The words in italics are to be entered in the margin.]-To be severely reprimanded (or reprimanded).
(k)Forfeiture of pay and allowances. [The words in italics are to be entered in the margin.]-To forfeit pay and allowances for a period of .................................
(l)Forfeiture of arrears and other public money. [The words in italics are to be entered in the margin.]-To forfeit all arrears of pay and allowances and other public money due to him at the time of his dismissal (cashiering).
(m)Stoppage. [The words in italics are to be entered in the margin.]-To be put under stoppage of pay and allowances until he has made good to .................................(here specify the Central Government or other person to whom the loss or damage was occasioned by the offence) the value of the following articles,viz .................................(state the articles and the value of each), [until he shall have made good to .................................(here specify the Central Government or other person to vvhom the loss or damage was occasioned by the offence) the sum of .................................in respect of .................................(state the circumstances in respect of which the same is awarded)].
[Note.-Where it is intended to award this punishment in order to make good the loss or damage to two or more persons, the names of, and the amounts of loss or damage to be made good to each of such persons should be specified separately.]
(n)Field punishment. [The words in italics are to be entered in the margin.]-To suffer field punishment no ................................. [See rule 152.] for a period of ............................... [See rule 152.]
RECOMMENDATION TO MERCYThe Court recommend the accused to mercy on the ground thatSIGNATURESigned at .................................this day of.................................20.........
................................ ................................
(Signature) (Signature)
Judge-advocate Presiding Officer
REVISION