Himachal Pradesh High Court: Polluting the sanctity of the relationship of the teacher and students, a teacher committed rape and penetrative sexual assault with minor students, the Division Bench of Sabina and Satyen Vaidya, JJ., noting the harrowing incidents expressed that the said is a sad reflection of the present-day society where a most platonic relationship was exploited.
Alleged Sexual Assault of 8/10 girl students by their teacher
Parents of 8/10 girl students informed the complainant that appellant Raj Kumar had indulged in sexual assault of the girl students in the school. FIR under Sections 354-A, 377, 376(2)F, 506, 202 & 119 of the Penal Code, 1860 and Sections 4, 6, 21(2) of the Protection of Children from Sexual Offences Act, 2012 was filed.
Appellant Sardar Singh was also framed under charges under Sections 21(2) of the POCSO Act and Section 202 of the IPC
Harrowing incidents | Minor children
11 year old deposed that Raj Kumar opened the zip of his pants and opened her salwar and inserted his finger in her private part and threatened her to not disclose the same. After that kissed.
9 year old stated that the appellant inserted his penis in her mouth as well as 7/8 girls of the school and used to kiss them. He also used to discharge white fluid in their mouth. The said act was repeated 7-8 times.
Another, 9 year old said that the appellant used to call her in the room when no other person was there and insert his penis in her mouth.
Students stated that they had informed about the incidents of madam Savita prior to reaching the police.
Continuing the above acts, he asked a student to rub his penis but when she refused, he forcibly rubbed his penis with her hands and on one incident he took the student to a newly constructed house and inserted his penis in her mouth and asked her to swallow the white discharge.
All the victims deposed that appellant Raj Kumar used to sexually assault them.
High Court found that the appellant Raj Kumar was guilty of the offence of rape as well as penetrative sexual assault.
The victims are young minor girls and were virtually in the guardianship of appellant Raj Kumar. Appellant Raj Kumar was the Teacher of the victims.
Appellant Sardar Singh who was aware of the misdeeds of Raj Kumar but never reported the same was also liable for punishment under Section 202 of IPC and Section 21(2) of the POCSO Act. Lower Court had rightly convicted and sentenced Raj Kumar.[Raj Kumar v. State of H.P., Criminal Appeal No. 142 of 2019, decided on 21-3-2022]
Advocates before the Court:
For the Appellant: Ram Murti Bbisht, Advocate
For the Respondent: Vikrant Chandel, Deputy Advocate General