STATE OF H.P. Vs. MANOJ KUMAR

JUDGEMENT

(1.) THE instant appeal has arisen against the impugned judgment rendered on 10.4.2009 by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala whereby it while reversing the findings of conviction recorded by the learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P, acquitted the accused for his having committed offences punishable under Sections 377 and 506 of the Indian Penal Code.

(2.) THE brief facts of the case are that complainant Pawan Kumar was the father of two sons namely Manoj Kumar and Vinod Kumar resident of village Kanoj. On 28.04.2004 two boys namely Amit Kumar and Rishu came to the house of complainant and asked the complainant that the accused who was Head Master in Govt. Primary School, Kanol had called his son Manoj Kumar. Upon this son of complainant, Manoj Kumar started crying. Upon asking by the complainant, he told that the accused used to show him blue movies and also used to put his private part in his mouth. It was further revealed that the accused also used to put his private part in the anus of Manoj Kumar. The accused had done said immoral act for so many times. The other son of the complainant namely Vinod Kumar had also studied in the school of the accused, therefore, he was also asked by the complainant as said Vinod Kumar had stayed in the house of the accused for 10/11 days in the month of March. Vinod Kumar also told the complainant that the accused used to do the aforesaid immoral acts with him also. This fact was narrated by the complainant to his fellow villagers. Consequently, one Santosh Kumar asked his sons Puran Chand and Sanjiv Kumar about the conduct of accused/appellant. The aforesaid sons of Santosh Kumar also told him that accused had been doing aforesaid immoral acts with them also. It was also disclosed by the children that they were threatened and criminally intimidated by the accused not to disclose his aforesaid activities. As the result, the matter was reported to the police and relevant F.I.R. was registered in the Police Station Jawalamukhi District Kangra on 30.4.2004. After completion of the investigation, challan, under Section 173 of the Cr.P.C. was prepared and filed in the Court. The trial Court charged the accused for his having committed offence punishable under Sections 377/506 of Indian Penal Code to which he pleaded not guilty and claimed trial.

(3.) ON appraisal of the evidence on record, the learned trial Court returned findings of conviction against the accused. On an appeal being preferred at the instance of the accused/appellant before the Learned Additional Sessions Judge, Fast Track Court, Kangra at Dharmshala, it while reversing the findings of conviction recorded by the learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P, acquitted the accused for his having committed offences punishable under Sections 377 and 506 of the Indian Penal Code.