SUNIL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment dated (sic) 9-2004 rendered by the learned Presiding Officer (Additional Sessions Judge), East Track Court, Kangra at Dharamshala, whereby the appellant-accused (hereinafter referred to as the accused) has been convicted under Sections 376/511 of the Indian Penal Code and sentenced to rigorous imprisonment for three-and-a-half years and fine Rs. 3,000/- and in default of payment of fine, to undergo imprisonment for six months.

(2.) The case of the prosecution against the accused is that in the first half of the year 2000 he was posted as a teacher in Government Primary School, Takhnahar. PW-3, then aged about 12 years, was a student of IV Class in the said school. In the month of May, 2000, it was noticed by Durgi Devi (PW-11) mother of PW-3 that PW-3 was reluctant to go to school, therefore, on 12-5-2000 she enquired from PW-3 as to why she. Was reluctant to go to school whereas earlier she had been going to school happily. On such query, PW-3 divulged that about 15 to 20 days before the accused took her in a room in the school, opened her Salwar and after sitting on the chair, opened the chain of his pant and then made her to sit on his legs and started doing wrong act with her. When she felt pain, she cried whereupon she was slapped by the accused, PW-3 further revealed that the accused had been similarly dealing with certain other minor girls such as PW-10 and PW-12. When Paras Ran (PW-17), father of PW-3, came to know about it he went to the houses of the girls who were dealt with by the accused in the manner as narrated by PW-3 and informed their parents. On inquiries made from those girls, it was found that the accused had been indulging in such acts with the girls as and .when other teacher of the school was absent from the school due to leave etc. The matter was, therefore, reported by PW-17 to the police on the basis of which FIR Ext. PW-17/A was registered at Police Station Shahpur and investigation in the matter followed. During the investigation five victims of the accused (PW-3, PW-4, PW-10, PW-11 and PW-12) were got medically examined and the MLCs. about their medical examination are Exts. PW-1/A, PW-1/B, PW-1/C, PW-1/D and one unexhibited MLC dated 23-5-2000. As per the aforesaid MLCs., the victims were referred for examination by the Gynaecologist whose opinion on each MLC is at Exts. PW-16/A, PW-16/ B, PW-16/C, PW-16/D and PW-16/E. The accused on arrest was also got medically examined and MLC about his medical examination is Ext. PW-2/E and as per medical opinion, he was found potent. Opinions about the skeleton ages of the victims were also obtained which are Exts. PW-15/C, PW-15/D, PW-15/E, PW-15/F and PW-15/G. Site plan of the place of occurrence, as prepared by the Investigating Officer, is Ext. PW-21 /A. Statements of the material witnesses were also recorded by the police under Section 161 of the Code of Criminal Procedure. On the basis of the material so collected, a charge-sheet was submitted against the accused who came to be tried initially by the learned Additional Sessions Judge (II), Dharamshala and later by the learned Additional Sessions Judge (Presiding Officer, Fast Track Court) on a charge under Section 376 of the Indian Penal Code.

(3.) To prove the charge against the accused, prosecution examined as many as 21 witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was recorded. He led defence evidence and examined two witnesses. On consideration of the material on record, the learned trial Court held the accused guilty of the commission of an offence punishable under Section 511 read with Section 376 of the Indian Penal Code and accordingly convicted and sentenced him as aforesaid. Hence, this appeal by the accused.