The Supreme Court supports the AFT’s ruling that cleared army officials, strengthening the idea that they are innocent until proven guilty.

The Supreme Court supported the Armed Forces Tribunal’s decision to reverse the conviction of Air Force Officers under Section 304 Part II IPC. The Court noted that an acquittal strengthens the presumption of innocence. It stated there was no evidence showing that the Respondent or any other accused harmed the deceased or acted with the intent to cause death or serious injury. Justices Abhay S. Oka and Ujjal Bhuyan remarked that an acquittal cannot be challenged simply because another interpretation of the evidence exists.

In this case, the Respondent and four other Air Force officers faced a General Court Martial for charges including murder under Section 302 IPC, wrongful confinement under Section 342 IPC, and misconduct under the Air Force Act. The situation involved the alleged mistreatment and death of a signalman, who was accused of misconduct at an officer’s home, leading to his confinement. He tried to escape during transport, fell, and sustained injuries that resulted in his death. The GCM found the Respondent guilty of a lesser charge under Section 304 Part II IPC, sentencing him to five years in prison and dismissal, which was later reduced to two years by the Air Chief. The Armed Forces Tribunal later overturned this conviction.

The Court stated that the prosecution did not claim that any attack occurred on the deceased while in the gypsy or beforehand, either by the Respondent or any other accused. The Court noted, “The injuries on the deceased cannot be linked to the respondent.” It also mentioned that since the charges under the IPC were not proven, the Respondent cannot be held accountable for the offenses under Sections 71, 45, and 65 of the AFA. Therefore, the Court rejected the Appeal.

Cause Title: Union of India v. Wing Commander M.S. Mander (Neutral Citation: 2024 INSC 842)