LAW FOR ALL

The first respondent was deployed between 1.2.1984 and 3.10.1986 as the Commanding Officer of the 6 Armoured Regiment which was a new raising at the relevant time in the Indian Army. The unit was authorized for one signal special vehicle. In case such a vehicle was not held by the unit it was authorized to modify one vehicle with ad-hoc special finances for which it was authorized to claim 75% of Rs.950/- initially and claim the balance amount on completion of modification work.= “18………..The Code does not contain any precise and specific definition of the words “intent to defraud”. However, it has been settled by a catena of authorities that “intent to defraud” contains two elements viz. deceit and injury. A person is said to deceive another when by practising “suggestio falsi” or “suppressio veri” or both he intentionally induces another to believe a thing to be true, which he knows to be false or does not believe to be true. “Injury” has been defined in Section 44 of the Code as denoting “any harm whatever illegally caused to any person, in body, mind, reputation or property”.” – “14. To summarize: the expression “defraud” involves two elements, namely, deceit and injury to the person deceived. Injury is something other than economic loss that is, deprivation of property, whether movable or immovable, or of money, and it will include any harm whatever caused to any person in body, mind, reputation or such others In short, it is a non-economic or non- pecuniary loss……..”- The armed forces are known for their integrity and reputation. The senior officers of the Armed Forces are expected to be men of integrity and character. When any such charge is proved against a senior officer, the reputation of the Army also gets affected. Therefore, any officer indulging into such acts could no longer be retained in the services of the Army, and the order passed by the General Court Martial could not be faulted.