PREM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant/ convict/accused (hereafter referred to as the accused) against the judgment and order dated 15.9.1998 passed by the learned Additional Sessions Judge, Mandi, in Sessions Trial No. 21 of 1997, whereby the accused has been convicted under Sections 376, 354 and 506 IPC and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000 and in default of payment of fine to undergo simple imprisonment for six months under Section 376 IPC, rigorous imprisonment for six months under Section 354 IPC and rigorous imprisonment for six months under Section 506 IPC.

(2.) Briefly stated, the case of the prosecution against the accused is that he had been posted head teacher in Government Primary School, Dabrog (Sarkaghat) in the year 1989. There was another JBT teacher also posted in the said school. The prosecutrix, Kiran Devi (PW 1), was one of the students studying in the said school and was studying in 5th standard in the beginning of the year 1997. When PW -1 was a student of 4th class, in the absence of the class teacher during the recess, the accused used to call her to his room, after driving away the other students, threatening to beat them up if they would come there. Thus, by taking PW -1 to his room, he used to fondle her breasts, kiss her lips, bite into her cheeks in touch her vagina. In the event of PW -1 resisting the advances of the accused, he would threaten her that he would beat her and ensure that she fail in the examination. The accused repeated such acts on various occasions. In the year 1995, before the commencement of two months vacation, in the absence of the other teacher, accused took PW -1 to his room and after intimidating the other students drove them away and closed the door. Thereafter, he started fondling and kissing PW -1 and then untied the string of her Salwar and made her to stand on a raised cemented platform meant for keeping the water tank. After opening the zip of his pant, he started inserting his penis in the vagina of PW -1 in standing posture. PW -1 felt pain but clinched her teeth because she was under threat not to make any noise. Accused remained engaged in the act for some time. Thereafter, he made PW -1 to wear the Salwar and sent her out, threatening her that in case she disclosed the occurrence to anyone, he would kill her and ensure that she is failed in the examination. On arrival of the other teacher, namely, Shanti, to the school, PW - 1 disclosed the occurrence to her and after reaching her home, she narrated the incident to her mother. Out of fear, PW -1 did not attend the school for 4 -5 days but thereafter she was persuaded by her mother to go to the school. Even thereafter, the accused continued to molest the modesty of PW -1. The accused had been taking other girl students of the school also into his room and had been molesting their modesty by fondling their breasts and kissing them. The girl students so molested by the accused, after coming out of the room, used to tell about the occurrence. Shailja, Seema, Sarla, Pawna and Savitri are the other girl students who had stated about the molestation of their modesty by the accused. The aforesaid acts of the accused were reported by PW -1 to the police and as a consequence FIR Ex. PA was recorded at Police Station, Sarkaghat on 10.2.1997 and the investigation in the matter commenced. PW - 1 was got medically examined and as per MLC Ex. PC, was found used to sexual inter -course. Her radiological age as on 25.2.1997, was opined between 15 and half years to 17 years and dental age between 14 to 16 years as on 1.3.1997. The police took in possession a copy of the entries in the School Register Ex. PW -15/A according to which date of birth of PW -1 is 4.2.1984. Extract from Attendance Register for the month of June, 1995 Ex. PW -15/B showing that PW -1 absented for three days from the school prior to the commencement of vacation with effect from 4.7.1995 was also taken in possession. The accused, after his arrest, was got medically examined and on such examination, was found capable of performing sexual inter -course. Statements of the other girls, allegedly molested by the accused, were also recorded by the police under Section 161 Cr.P.C. and on being satisfied of the commission of offences alleged to have been committed by the accused, the officer incharge of the concerned police station submitted a charge sheet against him and the accused came to be tried by the learned Additional Sessions Judge, Mandi on a charge under Sections 376, 354 and 506 IPC.

(3.) To prove the charge against the accused, prosecution examined as many as 20 witnesses.