KASHMIRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Facts giving rise to this Revision Petition are that Kashmira Singh teacher of the Government High School, Phaphre, Bhaike and his colleague Harinder Tej Singh, D.P.E. were jointly tried. The Judicial Magistrate 1st Class, Mansa, found that the commission of offence under Sections 377/ 511, Indian Penal Code was not proved against Kashmira Singh. However, Kashmira Singh was convicted under Section 352 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two months and a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for 20 days. Harinder Tej Singh was convicted under Section 377, Indian Penal Code and sentenced to two years R.I. and a fine of Rs. 2000/-. He was also convicted under Section 506, Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. The appeal filed by Kashmira Singh resulted in his release on probation but the appeal of Harinder Tej Singh was dismissed in toto by the learned Additional Sessions Judge, Bhatinda. The present petition has been filed by Kashmira Singh.

(2.) The prosecution case is that on March 13, 1976, Kashmira Singh was holding a class of few students for extra studies after the school hours. At about 8.30 P.M. he sent Mohinder Singh P.W. who went to the house of Janak Raj P.W. and brought him to the school for studies. The other students present were Nirmal Tej, P.W. Gurjant P.W. and Puran Singh P.W. At that time, Harinder Tej Singh accused also came there. Nirmal Tej P.W., at the behest of Harinder Tej Singh brought four eggs from his house. He got them boiled. Then both the accused persons ate the eggs. Thereafter all the students except Janak Raj P.W. were sent home. After sometime, Kashmira Singh petitioner, took Janak Raj to his cot and started kissing on the cheeks. Janak Raj began weeping and Kashmira Singh left him. Janak Raj then prepared tea for both the accused persons. After taking tea, Harinder Tej Singh removed the clothes of Janak Raj, put him on the cot and committed carnal intercourse with him. Cries were raised by Janak Raj. Nevertheless under duress a little later second inter-course was also committed by. Harinder Tej Singh, who held out that Janak Raj will be done to death if he disclosed the incident to any person. Janak Raj was kept in a room the whole night. The following morning Dev Raj, brother of Janak Raj P. W. came to the school at about 9/10 A.M. and took him to his house. Janak Raj disclosed the whole occurrence to his brother Dev Raj P W. and later on to Jaggu and Sawani P.Ws. The matter was then reported to the police. After investigation the accused persons were challaned.

(3.) At the trial, Kashmira Singh denied the allegations against him. He pleaded false implication on account of party faction in the staff of the School. Naranjan Singh and Harnam Singh were examined by him in defence.