RAMA NAND GANDWAL Vs. STATE OF HP

JUDGEMENT

(1.) Appellant is aggrieved by the judgment,dated 31-12-2007 of learned Sessions Court, Chamba, whereby he has been convicted of offences, under Sections 376 and 506 IPC, and sentenced to undergo simple imprisonment for ten years and to pay a fine of Rs. 20,000/-; in default of payment of fine to undergo simple imprisonment for a further period of two years, for offence under Section 376, IPC and to undergo simple imprisonment for seven years for offence, under Section 506, IPC. So, he has filed the present appeal.

(2.) Prosecution case, which led to the trial and conviction of the appellant, for the aforesaid offences, may be summed up thus. Appellant was posted as Principal in Government Senior Secondary School, Bhanjraru (Tissa), sometime in the year 2001. Prosecutrix was a student of that school. It appears that she took middle standard examination, held in February-March, 2003. She got compartment in Mathematics. She appeared for the examination of Mathematics, to clear the compartment, in September, 2003. Appellant allegedly enabled her to get through the examination, by helping her solve some mathematics problems, during the course of such examination. He then became friendly with the prosecutrix and took her telephone number.

(3.) On 30th May, 2004, appellant made a telephonic call to the prosecutrix, at 4 p.m., at her residence in village Salancha and asked her to reach the school to learn karate. So, she went to the school and reached there at 4.30 p.m. At that time, PW-4 Mohinder Singh, Peon, and a teacher, named PW-5 Om Prakash, were there. Appellant was present in his office. Prosecutrix went to his office and met him. He asked the prosecutrix (PW- 1 - name withheld) to visit him at his residence at 8 p.m. Appellant then went to his house. Prosecutrix passed her time in the school and went to Principal's residence accompanied by PW-4 Mohinder Singh, late in the evening. Appellant was present in his house. Thereafter, the appellant, the prosecutrix and PW-4 Mohinder Singh took their meals. PW-4 Mohinder Singh left the house of the appellant. Appellant then consumed liquor and committed sexual intercourse with the prosecutrix, without her consent and against her will, despite resistance, thrice in the course of the night. He threatened the prosecutrix that in case she told anybody about the incident, she would be done to death. He also allured her that he would help her pass Plus Two examination and to get admitted to JBT course, as he was likely to become Chairman of the Himachal Pradesh Board of School Education, shortly. Next morning, the prosecutrix went back home. She did not narrate the incident to anybody.