DHARAM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against Judgment dated 28.11.2014 rendered by learned Special Judge, Bilaspur, Himachal Pradesh in Sessions trial No. 11/7 of 2013, whereby accusedappellant (hereinafter referred to as 'appellant' for convenience sake), who was charged with and tried for offences under Sections 354 and 506 of the Indian Penal Code and Section 10 of the Prevention of Children from Sexual Offences Act, 2012, was convicted and sentenced to undergo rigorous imprisonment for six years and to pay a fine of Rs. 50,000/- under Section 10 of the Prevention of Children from Sexual Offences Act, 2012, in default of payment of fine, to further undergo simple imprisonment for one year, rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- under Section 354 IPC, in default of payment of fine, to further undergo simple imprisonment for 15 days, and rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- under section 506 (1) IPC, in default of payment of fine, to further undergo simple imprisonment for 15 days.

(2.) Case of the prosecution, in a nutshell, is that accused was posted as a Head Teacher in Government Primary School Samtehan since 2007. On 17.5.2013, five minor girl students of different classes complained to their parents/ guardians about the unwelcome sexual behaviour of the accused. Matter was reported to the School Management Committee. Block Education Officer Swarghat (PW-12) conducted an enquiry on 18.5.2013. His report is Ext PW-16/B. Girls on the next day i.e. 19.5.2013 went to the police station. It led to registration of FIR Ext. PW-1/A. Birth certificates of PW-2, PW-4, PW-6, PW-8 and PW-9 were taken. Appointment letter of the accused was also obtained. Attendance record of the victims and accused was also obtained. Investigation was completed. Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution examined as many as 17 witnesses to prove its case against accused. Accused was examined under Section 313 of Criminal Procedure Code. He has denied the case of the prosecution. Accused was convicted and sentenced as noticed above. Hence, this appeal.