HC reaffirms conviction of rape accused

Source: The Hitavada      Date: 04 Nov 2018 10:56:08


 

Legal Correspondent,

In the matter related to the appellant, an ex-teacher in the Government Higher Secondary School, Nandgaon who was convicted for raping a student of Class VII in that school aggrieved by the order of conviction passed by Additional Sessions Judge, the division bench of the Madhya Pradesh High Court has dismissed the criminal appeal filed by Kishan Singh.


The division bench said in the order that, in view of the consideration of the entire evidence, it finds that the evidence of the prosecutrix is trustworthy and inspires confidence in the mind of the court and by any stretch of imagination, it can not be believed the accused has been falsely implicated. Hence, the prosecution has successfully proved its case. Counsel for the appellant also submitted that, in the facts of the present case, the sentence awarded to the accused is excessive and the same be reduced. Taking into consideration the fact that a minor child has been violated by a teacher, it does not find that the accused is entitled for any sympathetic consideration to reduce the sentence awarded by the trial court.


Hence, no interference is called for on sentence as well. In view of the aforesaid assimilation of facts and evidence of the present case, the bench does not find any error in the order of conviction and sentence. Hence, it dismissed the appeal. The present appeal is filed under Section 374(2) of the Code of Criminal Procedure being aggrieved by the order of conviction and sentence dated on October 26, 1994 passed by the II Additional Sessions Judge, Sehore Camp, Nasrullaganj in session trial [State of M.P. vs. Kishan Singh], whereby the accused/appellant has been convicted under Section 376(2)(e) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 14 years and fine of Rs 5,000, in default to undergo further simple imprisonment for six months. Substance allegation against the present appellant is that he is said to have committed rape with girl aged about 15 years.

The appellant is a teacher in the Government Higher Secondary School, Nandgaon and the prosecutrix was a student of Class VII in that school. On February 15, 1994, the prosecutrix, along with her brother Rajendra Kumar, went to a fair and the appellant also accompanied them. On her return from the fair, she was scolded by her mother and, therefore, she went away to the house of the appellant. Since a Bhajan Mandli was singing at the house of the appellant, she hid herself behind the house and when the Bhajan singing was over, she knocked at the doors and the appellant opened the doors. She went inside and told the appellant that her mother has scolded her and, therefore, he should leave her at her house. The allegation is that the appellant took her inside the house and raped her. She stayed in the house of the appellant whole night and on the next date she went to attend the school and on being called by the appellant her uncle - Dharam Singh took her home on February 16, 1994. In the same evening, she told about the incident to her mother. Next day on February 17, 1994, she went along with her father to the Police Station and the report was lodged. On the said report, a case was registered at the Police Station, Nasrullaganj by D N Sharma. The prosecutrix was sent for medical examination. She was examined by Dr Madhu Singh. Later, statements of witnesses were recorded and articles seized from the house were sent to the Forensic Science Laboratory for scientific report. The investigating agency after completing investigation filed charge-sheet before the competent court of jurisdiction which in turn, committed the matter to the Court of Sessions for trial. The accused-appellant abjured the guilt and pleaded for trial.