RAMESH CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) The Appellant, a teacher, was prosecuted for committing rape on PW 4 Laxmi Devi, a girl of tender age of 10 or 11 years, studying in 4th class in a school at village Piplighat, Tehsil Sangrah, District Sirmour, on the afternoon of 25-9-1989. The learned Sessions Judge Sirmour convicted him under Section 376(2)(f), I.P.C. on 11-7-1990 in Session Trial No. 7-N/7 of 1990 and sentenced him to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 2,000. In default of payment of fine, he is directed to suffer rigorous imprisonment for a further period of six months. The Appellant is further ordered to pay Rs. 10,000 as compensation to the victim Laxmi Devi, in default of payment of the amount of compensation within three months, the same was to be recovered from him as fine and be given to victim Laxmi Devi.

(2.) The Appellant has approached this Court against the said judgment.

(3.) The facts in brief are that Laxmi Devi PW 4 was a student of 4th class in Primary School Ugar Kandoghat (Piplighat) and the Appellant was a teacher in the said school. On 25-9-1989 when the teaching hours were over, the Appellant asked PW 4 Laxmi Devi to sweep the floor. One Janam Singh was also there, who was asked by the Appellant to go to his house to collect water there and Janam Singh left the school. While the victim was sweeping the floor, the Appellant stated to have asked the victim to let him do sexual intercourse with her. The victim declined to do so. The Appellant lifted her and put her on a box and took off her salwar. Thereafter he took off his trousers and his underwear and then committed sexual intercourse with her against her consent. After he finished the act of sexual intercourse, he threatened the victim not to disclose it to any one otherwise he would beat her. She felt pain and blood started oozing out from her vagina. She was weeping at that time. There was one shop of one Rikhi Ram nearby, but the same was closed and there was no vicinity nearby the school. She came to her house but did not tell about the incident to her mother as she was afraid that she would be given beatings by her parents. As her father was not present in the house, her mother could not decide on the course of action. On the return of Jhangru PW 6 on 27-9-1989, Surto PW 5, wife of PW 6, narrated the incident to him during night time, where upon on the next morning PW 6 carried PW 4 Laxmi Devi to the civil hospital at Dadahu on his back. The doctor at the hospital advised them to report the matter to the police. On 28-9-1989 the prosecutrix and her father went to police station Renukaji where the father of the prosecutrix lodged the report which is on record at Ex. PE.