“Section 45 of the Air Force Act, 1950”

Submitted By
Jayant Sharma
Division – D
PRN – 17010223090
Program – BA LLB

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University)

Under the guidance of

Dr. Madhuker Sharma
Faculty,
Cr.P.C. - I
 CERTIFICATE

The Project entitled “Section 45 of Air Force Act,1950 submitted to the

Symbiosis Law School, NOIDA for Law of Crime :CrPC I as part of Internal
assessment is based on my original work carried out under the guidance Dr.
Madhuker Sharma,Law of Crime : CrPC I from July,2019 to August,2019. The
research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the submission
has been duly acknowledged.

I understand that I myself could be held responsible and accountable for

plagiarism, if any, detected later on.

Signature of the candidate

Date: August 05, 2019

 IN THE COURT OF SH. PULKIT SARAF, M.M, PATHANKOT
DISTRICT COURT, PUNJAB

District: Pathankot P.S.: Thana Division No.1 Year: 2019

NCR No.: 555/2019 Act: Air Force Act, 1950 (u/s 45)

INDEX:

S.NO. PARTICULARS

1. Chargesheet

2. Brief facts of the case

4. List of Evidence

5. List of Witness
6. Fardbayan -Cum- NCR-Cum- Rukka

7. General Diary Entry

8. Forwarding letter to M.M- Cum- Magisterial Order
9. Notice to the witness u/s 160 of CrPC

10. Statement of the witness u/s 161 of CrPC

 FINAL FORM REPORT (Under Section 173 C.R.P.C.)
IN THE COURT OF SH. PULKIT SARAF, MM, DISTRICT COURT,
PATHANKOT, PUNJAB

District: Pathankot P.S. Thana Division No.1 Year: 2019

NCR NO.: 555/2019 Date: 21/06/2019

1. Final Report/Charge Sheet No. 556/2019

2. Dated: 21/06/2019
3. Act Section : Air Force Act,1950 Section 50
4. Type of Report: Charge Sheet

5. Whether Charge Sheet Main/Supplementary: Main Charge Sheet

6. Name of I.O. Inspector Rohan Patel Rank: Inspector PIS No.: 943756

7. Complainant/Informant

(a) Name: Mr. Rajbeer Singh

(b) Father’s/Husband’s Name: Mr. Daler Singh

(c) Date/Year of Birth: 1961 (d) Nationality: Indian

(e) Passport No.: AA001534787IND Date of Issue: 03-08-2001 Place of Issue:

New Delhi

(f) Occupation: Chief Air Marshal of Indian Air Force

(g) Address: Flat No. 213, A/49 Pathankot- 203014

(h) Tel No.: (0612) 0025674

 8. Details of known/suspected/unknown accused with full particulars
(Attach separate sheet, if necessary):

Height Identificatio
S.No. Name Sex DoB Build Complexion
(approx.) n Marks
SK Mole on the
1. Male 12/02/1970 Average 5’8’’ Fair
SHARMA Face

9. Reasons for delay in reporting by the complainant/informant: No Delay.

10. Particulars of properties stolen (Attach separate sheet, if necessary): NA

11. Total value of property stolen: NA

12. List of the witnesses to be examined: As per list attached

13. List of Evidences: As per list attached

14. List of Documents

Sr No. List of Documents attached in Final Report

1. GD Entry u/s 44 of the Police Act, 1861

2. Fard Bayan of the Informant cum NCR cum Rukka

3. Forwarding letter to M.M cum Magisterial order

4. Notices to all the witnesses for recording of the statement u/s 160 of CrPC.

5. Statement of all the witnesses u/s 161 CrPC.

15. Accused:

(a) Name: Mr SK Sharma Whether Verified: Yes

(b) Father’s Name: Mr LN Sharma
(c) Date of Birth:- 12/02/1970
(d) Sex : Male
(e) Nationality: Indian
(f) Passport No.: AA001529584IND
(g) Date and Place of Issue: .Pathankot
(h) Religion: Hindu
(i) Occupation: Master Warrant Officer of Indian Air Force
(j) Address: Flat no. 107, A/49, Pathankot
(k) Provisional Crime No.............................
(l) Permanent crime no..........................
(m) Date of Arrest: 07/06/2019
(n) Date of release on Bail: ................
(o) Date of forwarding to Court..........
(p) Act& Under Section 45 of Air Force Act, 1950
(q) Name and Address of Surety:.................
(r) Status of Accused: Police Custody

16. If F.R is false indicate action take or proposed to be take u/s 182/211- IPC: NIL

17. Brief facts of the case: As per list attached

18. Brief Procedure of investigation followed by investigating officer:

S.H.O. Shivam Radhe assigned Inspector Rohan Patel as Investigating Officer by order of
M.M, for this case on 07 June, 2019. I.O. started his investigation by visiting the Air force
station to know in detail about the matter. I.O. went to the location where the offence was
committed. The communication recording from the Air Force Station of Wing Commander,
Ashok Kumawat was taken, Log diary, Register containing entry of MWO Shankar Prasad
was taken and condition report of MIG 21 made by MWO Shankar Prasad was taken.
Statements were also taken of the eye witnesses who were present with the accused during
the time of the offence committed. The above evidences and the statement of the witnesses
clearly shows that the offence is committed by the accused u/s 45 of The Air Force
Act,1950, thereby, bringing the present charge sheet into being.

19. Dispatched on: 21.06.2019

Sd/-

Signature of IO submitting the final

Charge Sheet

Name: Rohan Patel

PS PathankotStamp
(police officer)
Rank: Inspector
Pathankot, Police Station: Thana
Division No. 1 Distt.: Pathankot

Sd/-

Signature of officer in charge of Police

station- Thana Division No. 1, Pathankot

Name: Shivam Radhe

(SHO)
 Brief Facts of the Case

Master warrant officer SK Sharma was enrolled as an Electrical Fitter tradesman in the Indian
Air Force. He has a vast knowledge and experience on various aircraft and systems like
Arrester Barrier System, Airfield Lighting System, II Line Servicing of M-2000 components
and C-130 J Super Hercules. He was posted at Pathankot Air Force Station in Punjab.

On 3rd June 2019, MWO SK Sharma along with Warrant officer Bijender Singh and Warrant
officer Dalbinder Singh was informed by Chief Air Marshal Rajbeer Singh that they have to
fit 2 cruise missiles in fighter aircraft, MIG 21 and also advanced radar system to track
enemies and also have to check plane condition on 4th June at 7 am, as Wing Commander
Ashok Kumawat had to go for inspection near Punjab border as some abnormal activities are
going on there from few days. Then on 4th June MWO SK Sharma was late at the base for
fitting cruise missiles and advanced radar system for detecting enemy. Warrant officer
Bijender Singh and Dalbinder Singh were already there and completed his work. Wing
Commander Ashok Kumawat was also there. Then MWO SK Sharma fitted 2 cruise missiles
and radar system in MIG 21. But on inspection it was found that fighter plane was not in
working condition because of corrosion and rust in internal structure. Then because of delay,
MWO SK Sharma arbitrary passed the inspection test even after knowing about plane
condition and warnings by both Bijender Singh and Dalbinder Singh. And they were told by
SK Sharma there is no problem in plane as they don’t know much about plane technicalities,
they trusted him. And then Wing commander Ashok Kumawat take off to see the happening
at Punjab border, but on his way to border plane starts shaking because of weakened internal
structure, he communicate it to AFS and Ashok Kumawat had to immediately do the landing
at Kathua near Punjab border. And it was found that terrorists were passing the borders
through tunnels from few days and on that same day terrorist attack happens but it was taken
in control in few hours without a casualty. On 5th June for testing the plane MWO Shankar
Prasad was called from Amritsar air force station and it was found that plane was not in
working condition because of rust and corrosion. And afterwards Air chief Marshall Rajbeer
singh came to know about the fact that MWO SK Sharma arbitrary passes the inspection test
because of delay due to himself. It was an act punishable under section 45 of Indian Air Force
Act, 1950.

All notices to witnesses were sent to the same day to record their statement next day under
section 161 of the Code of Criminal Procedure, 1973. The charge sheet under section 173 of
Cr.P.C. was made immediately after receiving the last piece of information.
 LIST OF EVIDENCE

Sr. No. Evidences

1. Communication recording of Wing Commander to AFS

MIG 21 condition report developed by MWO Shankar

2.
Prasad

Log Diary about changes done in MIG 21 by MWO SK

3.
Sharma

Register Containing entry of MWO SK Sharma at AFS

2.
for checking MIG 21
 LIST OF WITNESSES

Sr. Name of
Father’s Name Address Occupation
No. Witnesses

Mr. Rajbeer Singh Flat No. 213, A/49 Chief Air

1. Mr. DalerSingh
(Informant) Pathankot- 203014 Marshal

Mr. Parminder Flat No. 102, A/49 Warrant

2. Mr. Bijender Singh
Singh Pathankot- 203014 Officer

Mr. Dalbinder Flat No. 208, A/49 Warrant

3. Mr Joginder Singh
Singh Pathankot- 203014 Officer

Mr. Ashok Mr. Rakesh Flat No. 308, A/49 Wing

4.
Kumawat Kumawat Pathankot- 203014 Commander

Mr. Shankar Flat No. 268, A/49 Master Warrant

5. Mr. Ravi Prasad
Prasad Pathankot- 203014 Officer
 Fardbayan -cum- NCR- Rukka

Fard Bayan of Air Chief Marshal, Mr. Rajbeer Singh, aged about 58 years s/o Mr. Daler
Singh, resident of Flat No. 213, A/49 Pathankot, P.S- Thana Division No.1 recorded by
Inspector Rohan Patel, P.S Thana Division No. 1 on 05/06/2019.

I Rajbeer Singh, Air Chief Marshal of Indian Air force am here for complaining about an
offence. The offence was committed by Master Warrant Officer of Indian Air Force, Mr. SK
Sharma. He is resident of Flat no. 107, A/49, Pathankot.

On 3rd June, 2019, MWO SK Sharma and Warrant Officer Bijender Singh and Dalbinder
Singh was informed by me that they have to have to fit 2 cruise missiles in fighter aircraft,
MIG 21 and also advanced radar system to track enemies and also have to check plane
condition on 4th June at 7 am, as Wing Commander Ashok Kumawat had to go for inspection
near Punjab border as some abnormal activities are going on there from few days. On 4th June
Mr. SK Sharma fitted 2 cruise misiles and also fit advanced radar system, but after inspection
he found about weakened inner sturucture of MIG 21 but arbitrary passed it and told lies to
his subordinates. Then Wing commander Ashok Kumawat takes off but on his way plane
starts shaking and he had to land it in Kathua. Because of it, later terrorist attack happens at
border. After inspection by MWO Shankar Prasad from Amritsar Air Force, it was clear that
Plane was not in working condition, and even then passed by Mr. SK Sharma.

Sd/-

Signature of Complainant

(Rajbeer Singh)

Sd/-

Signature of the Inspector

(Inspector Rohan Patel)

Inspector Rohan Patel is appointed as Investigating Officer in the given case on

7/06/2019

Sd/-

Shivam Radhe (S.H.O.)

PS PathankotStamp
 PUNJAB POLICE

REGISTER NO. II- THE STATION DAILY DIARY

(u/s 44 of The Police Act, 1861)

Signature Signature
S. Particulars of the Date & of the Remarks
No. Informant Timings Duty (Action Taken)
(If Officer
Applicable)
The informant Mr. Inspector Rohan Patel
Rajbeer Sigh informed the
heard the complaint of
th
police that on the 4 June
Mr. Rajbeer Singh and
2019, that Mr. SK Sharma
28 8:00 Sd/-
passed the test of MIG 21 Sd/- the complaint was
p.m., (Constable
and it was found on 5th (Mr.
05 June Utkarsh reduced into writing
June 2019, that it was not Rajbeer
2019 Shah)
and it was duly signed
in working condition due singh)
to its inner weakened by Mr. Rajbeer Singh;
structure because of rust
rukka was prepared on
and corrosion, inspite of
the basis of Fard Bayan
this it was passed by Mr.
SK Sharma, as soon as by SHO and Inspector
Mr, Rajbeer Singh knows
Rohan Patel was
about it, he files
appointed as
complaint.
Investigating Officer.
 IN THE COURT OF SH. PULKIT SARAF, M.M, DISTRICT COURT,
PATHANKOT, PUNJAB

District: Pathankot P.S: Thana Division No. 1 Year: 2019

NCR No.: 555/19 Date: 06/06/19

Respected Sir,

I bring to your kind notice that there is a case related to section 45 of Air Force Act 1950.
This is kind of non cognizable offence. Brief facts are that, Chief Air Marshal gave order to
Master warrant officer SK Sharma to check condition of MIG 21 but on inspection, according
to witness hr found about weakened inner structure of plane but does not inform and passes
the test, due to which Wing Commander Ashok Kumawat had to do emergency landing. It is
related to unbecoming conduct of Mr. SK Sharma.

As it is non cognizable offence, so I request you to appoint Mr. Rohan Patel as investigating
officer and kindly allow him to investigate.

Thanking You. From

Police Officer in charge

Shivam Radhe

(SHO)

PS PathankotStamp

Mr. Rohan Patel is appointed as investigating officer of this case and is authorized to
investigate this case.

Sd/-

Metropolitan Magistrate

Pulkit Saraf
 NOTICE TO THE WITNESSES FOR APPEARANCE BEFORE THE
POLICE TO GIVE THEIR STATEMENTS

(U/s 160 of the Code of Criminal Procedure, 1973)

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 07.06.2019

To,
NAME: Mr. Rajbeer Singh
S/O: Mr. Daler Singh
AGE: 58 Years
OCCUPATION: Chief Air Marshal of Indian Air Force
ADDRESS: Flat No. 213, A/49 Pathankot- 203014

NOTICE: The Officer-in-Charge of Police Station at Thana Division No. 1,

Pathankot, hereby gives notice that an NCR has been registered before Mr. SK
Sharma for passing the test of MIG 21 in spite of knowing the condition of this
aircraft. Hence it appears to me that you are likely to give material evidence or
to produce any document or other thing that could assist us in the investigation.
You are hereby notified to appear before this Police Station on the 8th Day of
June to produce such evidence or to inform what you know concerning such
matter.

Sd/-

Signature of Officer-in-
Charge
Police Station: Thana Division No. 1
Name: Rohan Patel
Rank: Inspector
 NOTICE TO THE WITNESSES FOR APPEARANCE BEFORE THE
POLICE TO GIVE THEIR STATEMENTS

(U/s 160 of the Code of Criminal Procedure, 1973)

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 07.06.2019

To,
NAME: Mr. Bijender Singh
S/O: Mr. Parminder Singh
AGE: 38 Years
OCCUPATION: Warrant Officer of Indian Air Force
ADDRESS: Flat No. 102, A/49 Pathankot- 203014

NOTICE: The Officer-in-Charge of Police Station at Thana Division No. 1, Pathankot,

hereby gives notice that an NCR has been registered before Mr. SK Sharma for passing the
test of MIG 21 in spite of knowing the condition of this aircraft. Hence it appears to me that
you are likely to give material evidence or to produce any document or other thing that could
assist us in the investigation.
You are hereby notified to appear before this Police Station on the 8th Day of June to
produce such evidence or to inform what you know concerning such matter.

Sd/-

Signature of Officer-in-Charge
Police Station: Thana Division No. 1
Name: Rohan Patel
Rank: Inspector
 NOTICE TO THE WITNESSES FOR APPEARANCE BEFORE THE
POLICE TO GIVE THEIR STATEMENTS

(U/s 160 of the Code of Criminal Procedure, 1973)

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 07.06.2019

To,
NAME: Mr. Dalbinder Singh
S/O: Mr. Jogendra Singh
AGE: 40 Years
OCCUPATION: Warrant Officer of Indian Air Force
ADDRESS: Flat No. 208, A/49 Pathankot- 203014

NOTICE: The Officer-in-Charge of Police Station at Thana Division No. 1, Pathankot,

hereby gives notice that an NCR has been registered before Mr. SK Sharma for passing the
test of MIG 21 in spite of knowing the condition of this aircraft. Hence it appears to me that
you are likely to give material evidence or to produce any document or other thing that could
assist us in the investigation.
You are hereby notified to appear before this Police Station on the 8th Day of June to
produce such evidence or to inform what you know concerning such matter.

Sd/-

Signature of Officer-in-Charge
Police Station: Thana Division No. 1
Name: Rohan Patel
Rank: Inspector
 NOTICE TO THE WITNESSES FOR APPEARANCE BEFORE THE
POLICE TO GIVE THEIR STATEMENTS

(U/s 160 of the Code of Criminal Procedure, 1973)

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 07.06.2019

To,
NAME: Mr. Ashok Kumawat
S/O: Mr. Rakesh Kumawat
AGE: 34 Years
OCCUPATION: Wing Commander of Indian Air Force
ADDRESS: Flat No. 308, A/49 Pathankot- 203014

NOTICE: The Officer-in-Charge of Police Station at Thana Division No. 1, Pathankot,

hereby gives notice that an NCR has been registered before Mr. SK Sharma for passing the
test of MIG 21 in spite of knowing the condition of this aircraft. Hence it appears to me that
you are likely to give material evidence or to produce any document or other thing that could
assist us in the investigation.
You are hereby notified to appear before this Police Station on the 8th Day of June to
produce such evidence or to inform what you know concerning such matter.

Sd/-

Signature of Officer-in-Charge
Police Station: Thana Division No. 1
Name: Rohan Patel
Rank: Inspector
 NOTICE TO THE WITNESSES FOR APPEARANCE BEFORE THE
POLICE TO GIVE THEIR STATEMENTS

(U/s 160 of the Code of Criminal Procedure, 1973)

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 07.06.2019

To,
NAME: Mr. Shankar Prasad
S/O: Mr. Ravi Prasad
AGE: 48 Years
OCCUPATION: Master Warrant Officer of Indian Air Force
ADDRESS: Flat No. 268, A/49 Pathankot- 203014

NOTICE: The Officer-in-Charge of Police Station at Thana Division No. 1, Pathankot,

hereby gives notice that an NCR has been registered before Mr. SK Sharma for passing the
test of MIG 21 in spite of knowing the condition of this aircraft. Hence it appears to me that
you are likely to give material evidence or to produce any document or other thing that could
assist us in the investigation.
You are hereby notified to appear before this Police Station on the 8th Day of June to
produce such evidence or to inform what you know concerning such matter.

Sd/-

Signature of Officer-in-Charge
Police Station: Thana Division No. 1
Name: Rohan Patel
Rank: Inspector
 STATEMENT OF WITNESSES UNDER SECTION 161 of Cr.P.C.

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 08.06.2019

NAME: Mr. Rajbeer Singh

S/O: Mr. Daler Singh
AGE: 58 Years
OCCUPATION: Chief Air Marshal of Indian Air Force
ADDRESS: Flat No. 213, A/49 Pathankot- 203014

Statement as Recorded:

On 3rd June I Rajbeer Singh, Chief Air Marshal of Indian Air Force gave order to MWO SK
Sharma and Warrant Officers, Bijender singh and Dalbinder singh to fit 2 cruise missiles in
fighter aircraft, MIG 21 and advanced radar system to detect enemies and to check working
conditions of this fighter aircraft. As there were some abnormal activities going on at Punjab
border, and I had assigned the duty to patrol and check these activities to Wing Commander,
Ashok Kumawat.

Sd/-
Rohan Patel
(Investigating Officer)
Rank: Inspector
 STATEMENT OF WITNESSES UNDER SECTION 161 of Cr.P.C.

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 08.06.2019

NAME: Mr. Bijender Singh

S/O: Mr. Parminder Singh
AGE: 38 Years
OCCUPATION: Warrant Officer of Indian Air Force
ADDRESS: Flat No. 102, A/49 Pathankot- 203014

Statement as Recorded:

On 3rd June I Bijender Singh, Warrant Officer of Indian Air Force was assigned a duty along
with Master Warrant Officer, SK Sharma and Warrant Officer Dalbinder Singh to fit 2 cruise
missiles and advanced radar system to detect enemies and also to check condition of fighter
aircraft, MIG 21. We fitted cruise missiles and advanced radar system, but on inspection we
found about the weakened inner structure due to corrosion and rust. Me and Dalbinder Singh
warned SK Sharma about this issue, but he arbitrary passed the test of working condition and
said us that everything will be fine and to trust him.

Sd/-
Rohan Patel
(Investigating Officer)
Rank: Inspector
 STATEMENT OF WITNESSES UNDER SECTION 161 of Cr.P.C.

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 08.06.2019

NAME: Mr. Dalbinder Singh

S/O: Mr. Jogendra Singh
AGE: 40 Years
OCCUPATION: Warrant Officer of Indian Air Force
ADDRESS: Flat No. 208, A/49 Pathankot- 203014

Statement as Recorded:

On 3rd June I Dalbinder Singh, Warrant Officer of Indian Air Force was assigned a duty
along with Master Warrant Officer, SK Sharma and Warrant Officer Bijender Singh to fit 2
cruise missiles and advanced radar system to detect enemies and also to check condition of
fighter aircraft, MIG 21. We fitted cruise missiles and advanced radar system, but on
inspection we found about the weakened inner structure due to corrosion and rust. Me and
Bijender Singh warned SK Sharma about this issue, but he does not listen to us and said that
everything will be fine and to trust him, and passed the test.

Sd/-
Rohan Patel
(Investigating Officer)
Rank: Inspector
 STATEMENT OF WITNESSES UNDER SECTION 161 of Cr.P.C.

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 08.06.2019

NAME: Mr. Ashok Kumawat

S/O: Mr. Rakesh Kumawat
AGE: 34 Years
OCCUPATION: Wing Commander of Indian Air Force
ADDRESS: Flat No. 308, A/49 Pathankot- 203014

Statement as Recorded:

On 3rd June I Ashok Kumawat, Wing Commander of Indian Air Force was assigned a duty to
do patrolling near Punjab border as some abnormal activities were going on there from few
days by Mr. Rajbeer Singh, Chief Air Marshal of Indian Air Force. On 4th June when I was
flying the fighter aircraft, MIG 21, I felt some vibration in the plane, and it was beyond my
control, so I had to do the emergency landing in Kathua near Punjab border.

Sd/-
Rohan Patel
(Investigating Officer)
Rank: Inspector
 STATEMENT OF WITNESSES UNDER SECTION 161 of Cr.P.C.

DISCTRICT: Pathankot POLICE STATION: Thana Division No. 1

NCR NO: 555/19 DATE: 08.06.2019

NAME: Mr. Shankar Prasad

S/O: Mr. Ravi Prasad
AGE: 48 Years
OCCUPATION: Master Warrant Officer of Indian Air Force
ADDRESS: Flat No. 268, A/49 Pathankot- 203014

Statement as Recorded:

On 4th June, I Shankar Prasad, MWO of Indian Air Force was called by Chief Air Marshal,
Rajbeer Singh from Amritsar Air Force Station to check the condition of plane. By
conducting some test, it was found that Fighter Aircraft, MIG 21 was not in working
condition. It has weakened inner structure because of corrosion and rust in body parts of
plane.

Sd/-
Rohan Patel
(Investigating Officer)
Rank: Inspector