SITA RAM GOSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application is directed against the judgment and order dated 1.6.2001 passed by the learned 1st Sessions Judge, Koderma in Cr. App. No. 33 of 2001 affirming the judgment and order dated 7.3.2001 passed by the Additional Chief Judicial Magistrate, Koderma in G.R. No. 377 of 1999 whereby and whereunder learned Additional Chief Judicial Magistrate having found the petitioner guilty for an offence under Section 377 of the Indian Penal Code sentenced him to undergo rigorous imprisonment for five years. The case of the prosecution is that Ujjal Kumar Sinha (P.W. 2) aged about 11 years a student of Class-VIII used to have private tuition alongwith others from 6.30 A.M. to 9 A.M. at the residence of the petitioner (accused), who happened to be the Headmaster of the School. On 18.5.1999 the said Ujjal Kumar Sinha alongwith his friends Naresh and Sandeep came to the residence of the petitioner for tuition. At about 9 A.M. the petitioner sent Naresh and Sandeep to their houses and asked Ujjal Kumar Sinha to be there. Thereafter the petitioner asked Ujjal Kumar Sinha to shut the door which he did and then asked Ujjal Kumar Sinha to put off his pant to which he made protest but was assaulted by the petitioner and then committed carnal intercourse against the order of nature. The boy came home weeping and narrated everything to his parents. Thereupon he alongwith villagers came to the house of the petitioner but the house was found locked and the petitioner was missing. On finding the house locked, the villagers told the father of the boy that they will take action on opening of the school. When the school got opened, the matter was reported to the District Education Officer, Koderma who made an enquiry on 3.6.1999. Thereafter on the advice of others, Brahmdeo Prasad, the father of the victim boy lodged a written report, upon which Koderma (Telaiya) PS. Case No. 167 of 1999 was instituted under Section 377 of the Indian Penal Code against the petitioner.

(2.) During investigation, the police got the statement of the victim boy, Ujjal Kumar Sinha recorded under Section 164 of the Code of Criminal Procedure on 8.6.1999. The said boy was also examined by Dr. Jaibrat Rai (P.W. 4), who on examination found abrasion over anal region 1/4" x 1/16". The wound age of which was of more than five days was found infected. According to the Doctor, abrasion does suggest the case of unnatural sex.

(3.) On completion of investigation, the police submitted charge-sheet. When trial commenced, charge was framed to which the petitioner pleaded not guilty and claimed to be tried.