JAGTAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant has filed the appeal, challenging the judgment of conviction and sentence dtd. 19/3/2019, passed by learned Special Judge, Sirmour at Nahan, District Sirmour, H.P., in Sessions Trial No.29-ST/7 of 2019, whereby, he has been convicted and sentenced as under:- <FRM>JUDGEMENT_47_LAWS(HPH)12_2022_1.html</FRM>

(2.) Prosecution case was set in motion on the basis of the statement of the prosecutrix/victim, wherein, she alleged that she had taken 10th Class Examination. Her parents were doing agriculture work. They were three brothers and one sister. In September, 2015, after school hours, Jagtar Singh (appellant), her English teacher, handed over to her some packet and told her to keep the same in his room. Whatever had been given to her by her teacher was wrapped in a newspaper. However, when she reached the room, the appellant was already present in the room and on her reaching the room, he told her to keep the packet in his room. The moment she entered the room, the appellant bolted the door from inside. She raised alarm, but appellant told her that she should not raise alarm otherwise he would kill her. Thereafter, appellant made her lie on his bed and committed a wrong act with her. She tried to get up but he caught hold of her from her arms and after some time he left her. The appellant had told her that she should not tell about the incident to her parents otherwise he would kill her and would not give her school certificate. Thereafter, she reached home and did not narrate the incident to anybody. After two months, her health deteriorated and in the month of December she was taken to Nahan Hospital by her uncle Bansi Lal and sister Raksha Devi. Thereafter, the Doctor told her that she was anemic, but after a few months her abdomen started swelling and she suspected that there might be a child in her womb. She did not inform the Doctor in this regard. She had not had her period for the last 6-7 months. Appellant had committed sexual intercourse with her in September, 2015 and due to this reason she had become pregnant. She got recorded her statement to the effect that her medical examination be got conducted and necessary action be taken against the appellant.

(3.) On the basis of the statement of the prosecutrix/victim, formal FIR No.15 of 2016, dtd. 1/4/2016, was registered against the appellant at Police Station Rainuka, District Sirmour, H.P., under Sec. 376, 506 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC" in short) and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "Act" in short).