HARBANS SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Assailed in this appeal is the judgment dated 10.12.2007 passed by Additional Sessions Judge, Sirsa, convicting and sentencing Harbans Singh accused/ appellant (herein referred as 'the accused') to undergo rigorous imprisonment for five years and to pay fine of Rs. 10,000/- under Section 376 of the Indian Penal Code 1860.

(2.) The prosecutrix, aged about 9-10 years was studying in 4th standard in Government Primary School at village Patti Kirpal, where, the accused was serving as a teacher. On 28.2.2007, at about 2/2.30 PM, the prosecutrix (PW1) came to her house and informed her parents that "the accused had taken her in a separate room on the pretext of cleaning his utensils, where, he undressed her and kissed her". On the basis of this complaint (Ex.P1) made by Harjinder Singh (father of the prosecutrix), the First Information Report (Ex.P1/B) was registered and the case was investigated.

(3.) The Investigating Officer prepared the scaled site plan of the place of occurrence (Ex.P2); collected the school certificate of the prosecutrix (Ex.P3); posting order of the accused (Ex.P5); recorded the statements of the witnesses and on completion of the investigation, report was submitted against the accused.