TARACHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal revision petition, Tarachand (petitioner) has challenged his conviction for offence punishable u/S. 354, IPC for which he was sentenced by the appellate Court to one year's simple imprisonment with a fine of Rs. 4,000/- in (default, one month's SI).

(2.) Facts in a very narrow compass. A written report (Exp. 1) was presented by Bhanwarlal and Banwarilal to the SHO, PS, Laxmangarh (Sikar) complaining therein that one Tarachand (petitioner) teacher in Primary School of their village Ramchandra Ka Bas has been indulging in culpable activities of outraging the modesty and molestation of school girls to whom Tarachand used to take in office room and after closing the room, the girls were forced by threats to get their clothes unworn then he fell on them with kissings. It has also been complained that due to his such culpable acts of molestation the girls have been frightened to go to the school and they stopped attending the school and, therefore on 15-2-1996 the informants went to the school to find out about him and when they reached at about 12-30 p.m. they were given out that till then Tarachand had not come to the school so they kept on waiting for him till 1 O'clock when Tarachand came and was asked for girls complaints of his such acts then he started running and he was followed and caught hold or by them at a ramp. Hence FIR No. 42/96 (Ex. P2) was registered at PS, Laxmangarh and the investigation was put into motion. During investigation, site plan (Ex. P3) was prepared with description of site (Ex P3A); the petitioner (accused) was arrested vide memo (Ex. P4) and statements u/S. 161 Cr. P.C. were recorded of not only school girls and teachers but also village people besides parents and guardians of the girls. After completion of investigation, challan was filed for offences u/Ss. 354 and 509, IPC for which the trial Court framed charges against the petitioner, to which he denied and claimed trial. As many as 19 witnesses were produced by the prosecution in support of the charge sheet. The petitioner was examined u/S. 313, Cr. P.C, and in defence, he also examined 19 witnesses. After hearing the parties and considering rival contentions and marshalling the evidence on record, the petitioner was convicted by the learned Judicial Magistrate, Laxmangarh for offences u/Ss. 354 and 509, IPC and sentenced to undergo two years' SI with a fine of Rs. 4,000/- on first count and one year's SI with a fine of Rs. 1,000/- on second count (in default, further 3 months' SI in each of counts). Against the aforesaid conviction and sentences, the petitioner went in appeal before the appellate Court which set aside the conviction and sentences u/S. 509, IPC while it affirmed the conviction u/S. 354, IPC, but with reduction of sentence of two years SI to one years' SI with fine of Rs. 4000/-. Hence this revision petition.

(3.) I have heard the learned counsel for the petitioner and the learned Public Prosecutor and have perused the relevant record.