VIKAS SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant challenges his conviction under Sections 376 and 506 IPC. The prosecution case, in brief, is that the prosecutrix PW1 stated that in the year 2010 she was studying in KLM International School, Pathankot in 10th class and the accused was her Hindi teacher. She does not remember the exact date, but in December, 2010, the accused propositioned her. He praised her looks and physical characteristics. He was also her guide in the annual function. She has stated that during this function, he took her to the media room where some articles were kept and tried to rape her, which she resisted, since it would ruin her life and also tarnish his reputation. He threatened her with dire consequences that he would kill her and set her house on fire. She states that the accused committed rape on her on that day. She then states that on 16.1.2011 at night when she was sleeping in her room in her house somebody knocked her door; she thought that it might be her parents and opened the door, when the accused entered in her room and raped her.

(2.) At that time her parents were sleeping in another room. She narrates that the accused had again threatened her that if she disclosed this incident to anybody he would put her naked photographs on the face book. When she tried to resist, he beat her up. He also threatened her that he would ruin her life by pouring kerosene oil on her and setting her on fire. On 8.4.2011 when her mother's sister (mausi) Savita PW8 and her paternal aunt Banita PW9 came to her house and all family members were present, she was asked to speak the truth as to why she was perplexed upon which she disclosed that the accused had committed rape on her many times. She along with her mother PW2 Smt. Ria went to the police station Indora where they lodged FIR Ext.PW2/A. She was then taken for medical examination. Thereafter the police came to her house and inspected the room where rape was committed and took into possession the bed sheet etc. In cross examination, she states that she along with her parents, brother and grand-father live together in the same house. She states that her grand-father used to sleep in a separate room while her parents and brother used to sleep in one room and her bed room was separate. All bed rooms open in the lobby of the house. She has admitted that their house is surrounded by a wall and by 20-25 houses. She does not know the distance of her school from the house. She admitted that the accused was a boarding school teacher. She admits letter Ext.D1 which is a love letter written by her, but she states that it was written at the instance of the accused under pressure. She also admits that her mother had noticed the presence of the accused in their house during night time. She again admits that she and the accused used to remain together from 10 PM to 4 AM.

(3.) PW2 Ria mother of the prosecutrix states that her daughter is aged 15 years and is a student of class tenth in KLM International School, Siuanti (Pathankot). She used to travel to her school by bus. She states that the accused was her Hindi teacher and had committed forcible sexual intercourse with her daughter. She states that the prosecutrix told her that the accused used to visit her house and committed sexual intercourse with her. She admits that she herself had seen the accused when he used to visit her house and this fact was disclosed by her to the grandfather of the prosecutrix.