JANKI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE sacred and pious relationship of teacher and student was abused and mis -used by a teacher in this case by calling him and than trying to commit sodomy. The boy was student of 4th Class.

(2.) THE surprising feature of the case is that on these allegations, which have been found to be proved, the trial Court framed charge under Section 355 IPC and convicted the accused for offence under Section 352, IPC. The trial Court went a step further and granted probation.

(3.) AFTER hearing learned Counsel for the parties and the learned Public Prosecutor, I was inclined to issue notice of enhancement as the offence alleged to be proved, appears to be of very serious nature. However, since no charge has been framed under Section 357 read with Section 511, IPC and further because the State has not filed any appeal, I am of the opinion that after the lapse of such long time, when the offence is of 1974, it would not be in the interest of justice to enhance the sentence now.