KANT SHEKHARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, hereinafter referred to as the accused, stands convicted and sentenced by the learned Sessions Judge, Kinnaur at Rampur vide judgment, dated 31.7.1996 in Sessions Trial No. 35 -R/7 of 1995/94, as under : - Sr No. 1. 2. Offence for which convicted 376I.P.C. 506I.P.C. Sentence imposed. Rigorous imprisonment for seven years and fine of Rs. 2000/ - In default of fine simple imprisonment for. Six months. Rigorous imprisonment for one year and fine of Rs. 2000/ -. In default of payment of fine simple Imprisonment for six months. In addition to the above sentences, the accused was directed to pay compensation of Rs. 10,000/ - to the prosecutrix Kumari Nisha. The two substantive sentences of imprisonment were directed to run concurrently. The prosecution story, briefly, may be stated thus. During the year 1993 the accused was a teacher in Government Primary School, Khaneri. The prosecutrix then was a student of class -IV in the said school.

(2.) On 20.11.1993 at about 12.55 P.M., the prosecutrix PW 3 Nisha lodged a report at Police Station, Rampur, in the following term : "I am studying in class IV in Government Primary School, Khaneri. Shri Kant Shekhari is posted as a teacher in our school for the last about three years. About 6/7 months back, after the school hours, the said teacher asked me not to return home and that I should go only after solving one question. When all the students of the school had left, he made me lie in a room and forcibly committed sexual intercourse with me. I kept on refusing, wept and cried. However, since the doors of the school were closed, none could hear my cries. He then told me that if I dared to narrate the incident to anyone, he would throw me into a river. After about a month thereafter he again deceptively took me to Chuha bagh and committed sexual intercourse with me under the bushes. I out of fear never informed by parents. Thereafter 1 became sick and my mother Dhianu Devi took me to Rampur Hospital. After examination, the doctor at R.H. Rampur told me and my mother that I was pregnant. Shri Kant Shekhari had forcibly and without my consent subjected me to sexual intercourse as a result I have became pregnant. Shri Kant Shekhari, teacher, has committed a wrong act with a student. Legal action be taken against him."

(3.) On the basis of such report, a case under Section 376 and 506, Indian Penal Code came to be registered vide F.I.R. No. 356/93 (Ex.PW 3/A).