Col. Rajnish Bhandari, Vsm v. Union of India & Ors.

R. F. NARIMAN, J. 1. Having heard learned counsel for both the parties and having perused Section 497 of the Ranbir Penal Code, 1932, applicable to the State of Jammu and Kashmir, we are of the view that, given our judgment in Joseph Shine v. Union of India (2019) 3 SCC 39, the pari materia provision contained in Section 497 of the Ranbir Penal Code be a lso declared as violative of Part III of the Constitution of India. The sentence “In such case the wife shall be punishable as an abettor” , which does not occur in Section 497 of the Indian Penal Code, 1860, cannot stand by itself in view of the fact that the expression used is ‘In such case’. The entire Section is, therefore, declared to be unconstitutiona l. The fact that this statement of law in the Ranbir Penal Code is the exact opposite of the statement of law, so far as the wife is concerned, of that contained in the Indian Penal Code, 1860, is of no consequence. 2. We are, therefore, of the view that nothing survives against the appellant on charges relatable to Section 497 Penal Code. So f ar as Section 63 of the Army Act, 1950, is concerned, the appellant has already been acquitted, subject to confirmation. The Armed Forces Tribun al judgment dated 08.01.2019 is, therefore, set aside. The appeal stands allowed. 3. However, it is made clear that the confirmation proceedings, so far as the offence under Section 63 of the Army Act, 1950, is concerned, may go on and reach its logical conclusion. Kalpana K. Tripathy Appeal allowed.