Army court martial finds havildar not guilty of sexual assault on Agniveer

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The defence’s case was that the accused never left his barracks, so there was no question of taking the alleged victim to the bathroom and committing the alleged offence. (File Photo)An Army court martial in Arunachal Pradesh has found a havildar of the Sikh Light Infantry not guilty of allegations of sexual assault on an Agniveer.The havildar, who was serving in 18 Sikh Light Infantry (SIKH LI) along with the Agniveer, was tried by a District Courts Martial (DCM) ordered by 46 Infantry Brigade. He was charged under Section 46 (a) of the Army Act, which deals with ‘disgraceful conduct of an unnatural kind’.It was alleged that on December 1, 2023, at around 8.30 pm, the havildar committed an unnatural offence on the person, an Agniveer of the same unit, by taking him to the bathroom of the living shelter.The trial commenced in June 2025 at Nyukmadung in Arunachal Pradesh and found him not guilty of the allegation on July 30, 2025. However, in November 2025, the convening authority of the court martial ordered a revision of the findings. Upon revision, the court martial again found the havildar not guilty of the allegation, in its verdict delivered on February 26, 2026.During the trial, it emerged that Agniveers of the first batch came to the unit, 18 SIKH LI, in mid-September 2023 and were undergoing cadre training, for around one and a half months. Post completion of the training, all Agniveers were distributed to their respective companies in the first week of November 2023.The Agniveer was sent to a particular Company, and on the very day he came to the Company, he allegedly started complaining to his peer that the Company is tough and since fewer Agniveers are allocated to it, there would be a lot of work pressure. It was alleged that from the very first day, he started saying that he wanted his Company changed.The prosecution’s case was that the accused havildar came to the alleged victim’s barracks on the night of December 1, 2023, asked him to accompany him to shift the store items, and then took him to the bathroom and sexually abused him.Story continues below this adThe defence’s case was that the accused never left his barracks, so there was no question of taking the alleged victim to the bathroom and committing the alleged offence. The other soldiers, including Agniveers, from the alleged victim’s barracks were examined in court, and they testified that the accused never came to the barracks and took the alleged victim along with him.Further, during the alleged period, a Long Range Patrol (LRP) inspection was on at the barracks of the alleged victim, and all the individuals, along with the victim, were present inside while the LRP inspection and briefing were being carried out by the LRP commander.Advocate Akshit Anand, who represented the accused havildar, said this was a unique case, particularly in the present context where instances of false allegations being levelled are increasingly coming to light.“The learned District Court Martial had initially recorded a finding of Not Guilty in the main proceedings. Subsequently, pursuant to a detailed Revision Order, the Court was re-assembled and as many as 19 witnesses were examined and re-examined. Despite such exhaustive scrutiny, the defence case remained consistent and stood duly corroborated by the evidence on record,” he said.Story continues below this adHe added that this case reaffirms that the military justice system is firmly anchored in the principles of fairness, due process, and the presumption of innocence, thereby safeguarding individuals from wrongful conviction.