Om Parkash vs State of Haryana

S.S. Grewal, J. (Oral)

Petitioner a Hindi Teacher in Middle School Hyderwala Police Station, Tohana District Hisar, was tried and convicted under Section 377 of the Indian Penal Code for committing sodomy with Ramesh Chand, a student of 8th standard and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/. In default of payment of fine he was ordered to undergo further rigorous imprisonment for six months vide order of Judicial Magistrate Ist Class, Tohana dated 24th September, 1991. Appeal filed by the petitioner against the order of conviction and sentence passed by the learned trial court was dismissed vide order of Additional Sessions Judge, Hisar dated 22.1.1994. Aggrieved against the order of conviction and sentence passed by the Courts below the petitioner has filed the present revision in which notice was issued only qua quantum of sentence to be awarded to the petitioner and for considering whether benefit of Probation of Offenders Act can be granted to the petitioner or not.

Facts of the prosecution case which emerge from the first information report lodged on the basis of complaint sent by Shri Sada Nand, Headmaster of the aforesaid school, are that some parents of the students complained to him that the present petitioner had committed carnal intercourse with Ramesh Chand, a student of 8th standard in the said school. According to the complainant, Ramesh Chand had informed the Principal that about a month prior to the said date, the present petitioner committed unnatural offence with him on the allurement that he would be declared successful in his examination. The victim was also threatened that in case he disclosed this fact to any body else, he would be done to death. Similar allegations were also levelled by Sohan Lal, a student of 7th standard, Parhlad Singh, a student of 7th standard and Wasakha Singh, a student of 8th standard. Ramesh Chand PW also complained about the misconduct of this Hindi Teacher to his parents and so did other victims. The petitioner was then summoned by the Principal and during the enquiry the petitioner allegedly made confession regarding his guilt. After registration of the case and completion of the investigation, the petitioner was challaned, tried, convicted and sentenced, as stated earlier.

The learned counsel for the parties were heard.

On behalf of the petitioner, it is submitted that the petitioner has underwent agony of trial for more than six years in the trial Court and his appeal also remained pending in the Court of Additional Sessions Judge for about 21/2 years, that he is an educated person and his entire career is at stake, he may be granted benefit of Probation of Offenders Act or in the alternative of lenient view may be taken while awarding sentence.

Taking into consideration the allegations against the petitioner that he committed sodomy with Ramesh Chand his own student, I am of the considered view that it is not a fit case to give benefit of Probation of Offenders Act to the petitioner. However, keeping in view the facts that petitioner had faced agony of trial as well as proceedings in the appellate Court remained pending for a considerable period, his educational background and the serious consequences concerning this job, I hereby reduce the sentence of imprisonment to that already undergone.

I find support in my view from the authority of the apex Court in Chitranjan Dass v. State of U.P., AIR 1974 SC 2352. wherein in somewhat similar circumstances, it was observed that :

"the appellant, a highly educated and cultured individual, was suffering from mental aberration when he committed the offence of sodomy, and that, as a result of this conviction, he will suffer loss of service and other serious consequences to his career, we confirm the conviction but reduce the sentence to the period already undergone which is said to be more than two months."

The petitioner who is in jail is directed to be well forthwith. This petition is allowed only to the extent indicated above.