HARDEV SINGH Vs. UT OF J&K

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction dtd. 28/2/2020 and order of sentence dtd. 28/2/2020 passed by the learned Principal Sessions Judge, Rajouri ("the trial Court") in Criminal Challan File No. 171/Session titled State of J&K vs. Hardev Singh, whereby the appellant Hardev Singh has been convicted for commission of offence under Sec. 10 of the Jammu and Kashmir Prevention of Children from Sexual Violence Ordinance, 2018 ( for short "POCSO") and has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.10,000.00. In the order of sentence it is further provided that in case of default of payment of fine, the appellant shall further undergo rigorous imprisonment for six months.

(2.) With a view to better appreciate the grounds of challenge urged by learned senior counsel to assail the judgment of conviction and order of sentence, it would be necessary to give brief resume of the prosecution case, as was put up before the trial Court.

(3.) As per prosecution story, the complainant Shaheen Akhter (PW1) submitted an application on 22/6/2018 in the Police Station Kandi, making allegations of molestation of her minor daughter by the appellant. It was averred in the application that complainant's husband had gone to Kuwait for labour work. Her daughter, the victim, is studying in Class IV in Primary School Kotranka. On the fateful day i.e. 22/6/2018 the victim had gone to the school as usual but did not return up to 2.30 P.M whereas other students had come back from the school. Due to this reason, the complainant went to the school and found that the victim was in the ground weeping and coming towards the house. The complainant asked victim the reason for weeping. The victim told the complainant that her teacher, Hardev Singh, after the school time was over, allowed all other students to leave the school but kept her inside by catching hold of her breast. She was let out only when she raised hue and cry. It was prayed in the application that since the victim was a child and the appellant-teacher had committed offence of outraging her modesty as such action under law be taken against him.