Case Note & Summary
The case involved two cross-appeals challenging the judgments of the Armed Forces Tribunal (AFT) regarding Major R. Metri's conviction under the Army Act and the Prevention of Corruption Act. The Union of India appealed against the AFT's decision to set aside the General Court Martial's (GCM) conviction, while Major R. Metri appealed against his conviction under Section 63 of the Army Act. The facts revealed that in 2008, Major Metri, while serving as a Recruiting Medical Officer, was implicated in a recruitment scam involving the acceptance of bribes for clearing candidates as medically fit. The prosecution alleged that he received Rs. 65,000 and Rs. 20,000 from fellow officers as part of this scheme. Following an investigation and a confession made under duress, the GCM convicted him, leading to his dismissal and imprisonment. The AFT later found the confession involuntary and quashed the GCM's findings. The Supreme Court, upon reviewing the evidence, concurred with the AFT's assessment that the confession was not voluntary and lacked corroboration, ultimately acquitting Major Metri of all charges and reinstating him without backwages for the period he was out of service. The court emphasized the need for corroborative evidence in cases relying on confessions and clarified the AFT's jurisdiction to reappraise evidence when findings are not legally sustainable.
Headnote
A) Armed Forces Tribunal - Jurisdiction - Scope of interference - The Armed Forces Tribunal has limited scope of interference under Section 15 of the Armed Forces Tribunal Act, 2007, allowing appeals against court martial findings only on specific grounds. The Tribunal's interference was justified as the findings of the court martial were not legally sustainable due to the lack of corroborative evidence for the confessional statement (Paras 26-29). B) Confessional Statements - Voluntariness - The court held that the confessional statement made by the respondent officer was not voluntary, as it was made under circumstances where he was already under investigation and aware of media reports regarding the recruitment scam. The lack of corroboration further weakened the prosecution's case (Paras 30-46). C) Acquittal - Evidence - The court found that the prosecution failed to establish that the amounts received by the respondent officer were illegal gratifications, leading to his acquittal of charges under the Prevention of Corruption Act and the Army Act (Paras 49-54).
Issue of Consideration
Whether the Armed Forces Tribunal erred in convicting the respondent officer under Section 63 of the Army Act and whether the confessional statement was voluntary.
Final Decision
The Supreme Court dismissed the appeal of the Union of India and allowed the appeal of Major R. Metri, quashing his conviction under Section 63 of the Army Act and acquitting him of all charges. He was directed to be reinstated without backwages for the period he was out of service.
Law Points
- Prevention of Corruption Act
- Army Act
- confessional statements
- extrajudicial confession
- jurisdiction of Armed Forces Tribunal
