RAM KISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAM Kishan petitioner was brought to trial under Sections 354, 384, 506 and 294 IPC before the Judicial Magistrate Ist Class Rajpura. The learned trial Magistrate found the case against the petitioner proved to the hilt and held him guilty of the said offences and accordingly sentenced him to suffer rigorous imprisonment for one year and a fine of Rs. 1000/- under the first count; to one year's rigorous imprisonment and a fine of Rs. 1000/- under the second count; to six months rigorous imprisonment under the third count and to two months rigorous imprisonment under the fourth count with the direction that the substantive sentences so awarded to him shall run concurrently. On appeal, the learned Additional Sessions Judge, Patiala, acquitted him of the charges under Sections 384 and 506, Indian Penal Code but while upholding his convictions order Sections 354 and 294, Indian Penal Code, set aside his sentence and released him or probation for a period of 2 years to keep peace and be of good behaviour. He was, however, ordered to pay Rs. 500/- as costs of the proceedings. He has challenged his conviction and sentence in this revision. Smt. Chander Kala complainant has filed Crl. Revision No. 839 of 1981 for awarding adequate sentence to the accused. This judgment will govern both the revisions.

(2.) THE facts giving rise to these revisions are very few and sample. The complainant Smt. Chander Kala was workings a teacheresss in the govt. Middle School, Pabri since 8.1.1977. Ram Krishan petitioner was the Head Master of the said school. It is said that he used to make absence remarks against Smt. Chander Kala while saying that he had even forgotten his beloved on seeing her (the complainant). He also used to pass remarks to the complainant in the presence of other teachers to the effect that "they would go to the jail together and reside in the same cell." It is alleged that the petitioner would pick-up the minor mistakes in her work and used to give vent to amorous tendencies towards her. On 10.3.1978 she received a message in the school through Nand Kishore, a senior teacher in the Primary School that she had been summoned by the petitioner to his house to get the list of the students of 5th Class signed as he was lying ill. Consequently, she went to his house at about 11 a.m. and requested him to sign the statement but instead of singing the statement, he put the same aside and placed 3 blank papers before her. He asked her to put her signatures on those blank papers. When she refused to do so, he threatened her to spoil her chastity and to kill her. She is stated to have put her signatures on those papers out of fear and pressure. The petitioner also told her that he could convert those papers into any writing made on her behalf and that she should submit herself to him and to his line. Declining to do so, she came out, went to her house and narrated the incident to her husband. She also apprised of this incident to the other staff members of the school including Nirmala Mehta, Gian Chand and Gobind Ram on the following morning. The petitioner then called her in his office on 18.3.1978 and caught hold of her by her arm with a view to outrage her modesty. He also held out threats to use the blank paper signed by her to her detriment. She freed herself by pushing him aside, went to her house and narrated the incident to her husband. On the basis of the complaint, Exhibit PA, lodged by Smt. Chander Kala 1, First Information Report, Exhibit PG, was registered. Assistant Sub-Inspector Gurbachan Singh, who investigated the case, arrested the petitioner. On interrogation, he made dislosure statement Exhibit PB, leading to the recovery of 3 papers signed by Smt. Chander Kala from the specified place of concealment and the same were taken into possession vide memo Exhibit PC. After necessary investigation, the accused-petitioner was challaned and sent up for trial.

(3.) THE learned Additional Sessions Judge on the basis of the material on the record acquitted the petitioner of the offence under Sections 384 and 506 Indian Penal Code and recorded the following findings :-