VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment, dated 27.11.2012, rendered by the learned Additional Sessions Judge, Shimla, H.P. in Sessions Trial No. 18 -S/7 of 2010, whereby the appellant along with accused Vijay Singh, Amarjit and Dinesh was charged with and tried for offence punishable under Section 376 of the Indian Penal Code and in addition to that offence, accused Dinesh was also charged with and tried for offence punishable under Section 354 of the Indian Penal Code. Accused Vijay Singh, Amarjit and Dinesh were acquitted, however, appellant Vinod Kumar was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 25,000/ - and in default of payment of fine, he was further ordered to undergo one year's rigorous imprisonment under Section 376 of the Indian Penal Code.

(2.) CASE of the prosecution, in a nut -shell, is that Prerna Welfare Association/Institute, situated near New Totu Power House Shimla, was engaged in imparting education to physically/mentally challenged boys and girls. The accused were teachers in the School. On 18.03.2009, at about 5:30 p.m., Puran Chand, SHO, Police Station West, Shimla was on patrol duty near Tavi Moad, Totu with ASI Gian Chand and other Police officials. He received a secret information that the teachers of Prerna Welfare Association/Institute were involved in the physical abuse of the girl students studying in the said Institute. On getting this information, he went there alongwith other police officials and recorded the statement of the prosecutrix under Section 154 of the Criminal Procedure Code.

(3.) THE prosecution examined a number of witnesses and the accused were also examined under Section 313 of the Criminal Procedure Code. According to accused Vinod Kumar, the complainant was mentally retarded. In order to discipline the students, sometimes, he had to be strict. The students sometimes like or dislike teachers. He met with an accident in December, 2008. He was hospitalized in IGMC, Shimla. Thereafter, he went to his native village. He also examined DW -1, H.C. Harish Garg to prove the copy of FIR, Ex. DW1/A and DW -2, Sh. Madan Singh Chauhan, Record keeper IGMC hospital Shimla to prove medical record Ex. DW2/A. The accused was convicted and sentenced, as noticed hereinabove. Hence, this appeal.