JUDGMENT 1. - The above two appeals are jointly decided in view of the restricted contentions made by the learned counsel for the appellant. In both criminal cases the sole appellant has been convicted under Sections 377 and 354 Indian Penal Code by the learned Trial Judge. Under Section 377 Indian Penal Code, he was sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 15,000/-. In default of payment of fine, he was awarded further rigorous imprisonment for one year. Under Section 354 Indian Penal Code he was awarded two years' rigorous imprisonment in each case. The substantive sentences were ordered to run concurrently. Out of the fine, Rs. 10,000/- were directed to be paid to the victims Kumari Smriti and Kumari Neelam respectively. 2. The present cases reveal hyper sex perversion of the appellant, who was a young man of 29 years at the time of occurrence. Facts of both the cases have been set out elaborately in the impugned judgments and they indicate that the appellant was serving as a Teacher in local St. Paul School at Beawar and the victims are girls of that school aged 8 to 10 years who were studying in Class IIIrd at the relevant time. The charge against the appellant is that he used to put his male organ in mouth and hands of the girls, who used to go at his house for private tuition. The girls were asked to suck his male-organ and this act followed by seminal discharge. The offence came into light when Kumari Deepa Mital made a complaint to her mother and declined to go at appellant's house for tuition. Smt. Anita Mital, the mother of Kumari Deepa Mital, thereupon, made a report at Police Station, Beawar City on 17/3/1986. On this report, crime No. 50/1986 was registered under Sections 354 and 377 Indian Penal Code. During the course of investigation, the statements of the girls, who were victim of outrageous act of the appellant, were recorded. The investigation revealed that seven girls of the same age group were subjected to outrageous assault and carnal intercourse against the order of nature. After completion of investigation, a single charge-sheet was initially submitted against the appellant for offences punishable Under Sections 354/377 and 376/511 Indian Penal Code.
The investigation revealed that seven girls of the same age group were subjected to outrageous assault and carnal intercourse against the order of nature. After completion of investigation, a single charge-sheet was initially submitted against the appellant for offences punishable Under Sections 354/377 and 376/511 Indian Penal Code. The concerned Magistrate, in whose court the charge-sheet was filed, committed the case to the Sessions Court, Ajmer. The learned Sessions Judge, after going through the charge-sheet directed to split it in seven separate charge-sheets as the act related to seven girls and each act constituted a separate and distinct offence. Consequently, the single charge-sheet was split in seven and three cases were sent for trial to the Court of C.J.M., Ajmer as they revealed commission of offences under Sections 354 and 377 Indian Penal Code which are triable by a Magistrate of the first class. Four cases relating to Kumari Ritu, Kumari Neelam, Kumari Smriti and Kumari Manmeet, were kept for trial in Sessions Court as offence under Section 376 read with Section 511 Indian Penal Code was prima facie, made out in those cases which is exclusively triable by the Court of Sessions. These Cases were registered as Sessions Case Nos. 1/91, 2/91, 3/91 and 4/91 in the Court of the learned Special Judge, Ajmer. Sessions Case No. 2/91 relates to Kumari Smriti and present Criminal Appeal No. 382/1994 arises out of that case. Sessions Case No. 4/91 relates to Kumari Manmeet and Chriminal Appeal No. 381/1994 arises from that case. The other two Sessions cases Nos. 1/1991 and 3/1991 terminated in acquittal of the appellant as the victim girls did not support the prosecution case and turned hostile. 3. Shri Alok Sharma, learned counsel appearing for the appellant, in view of overwhelming convincing evidence an record did not think it proper to challenge conviction of the appellant and in our view, rightly so. However, he seriously urged to reduce the sentence of imprisonment in both cases and to order to run concurrently with each other. 4. The judgments of the learned Trial judge convicting the appellant contain elaborate discussion of evidence and all other aspects of the case. Still, for my own satisfaction, I have gone through the entire evidence and materials on record and on minute examination of the same, I find that conviction of the appellant under Sections 377 and 354 Indian Penal Code is well founded.
Still, for my own satisfaction, I have gone through the entire evidence and materials on record and on minute examination of the same, I find that conviction of the appellant under Sections 377 and 354 Indian Penal Code is well founded. The act of the appellant putting his male-organ (penis) in mouth of the girls or in their hands followed by seminal discharge squarely falls within the mischief of Section 377 Indian Penal Code. If any authority on this point is required, a reported judgment of Gujrat High Court may be referred to in the case of Lohana Vasantlal Dev Chand and others Vs. The State, AIR 1968 Gujarat 252. 5. The only question that calls for consideration in these appeals is, whether sentence of imprisonment of 7 years as awarded by the trial court needs modification and reduction ? It is true that the act of the appellant with innocent girls of 8-10 years old is grave and unpardonable. It is also true that the gravity of the offence is escalated by the fact of the appellant being a school teacher and the victims as his students, but still the question is whether a sentence of imprisonment of long term will have any correctional effect on the appellant ? The appellant was 29 years of age at the time of the incident. He is married and was living with his wife. The facts of the case and the manner in which he behaved with his students are suggestive of his sex perversion. Long term of imprisonment may not be conducive to check his sex perversion, though, in our prevailing conditions of escalating sex brutality, there is little scope for a lenient view in such matters. Still, perversion can be checked by giving correctional courses through meditational thereby the appellant has a reasonable prospect of setting as a balanced person if given proper social environment, curative and congenial work and techniques of internal stress release or of informatory explanation. In this connection, it would be useful and relevant to refer the following paragraphs from the judgment of the Apex Court in Phool Singh V. State of Haryana, (1979) 4 SCC 413 . "3. We must, however, direct our attention in a different penological direction. For sentencing efficacy in cases of lust-loaded Criminality cannot be simplistically assumed by award of long incarceration, for, often that remedy aggravates the malady.
"3. We must, however, direct our attention in a different penological direction. For sentencing efficacy in cases of lust-loaded Criminality cannot be simplistically assumed by award of long incarceration, for, often that remedy aggravates the malady. Punitive the rapeutics must be more enlightened than the blind strategy of prison serverity where all that happens is sex-starvation, brutalisaction, criminal companionship, versatile vices through bio-environmental pollution, humanised cell drill under 'Zoological Conditions' and emergence, at the time of release, of an embittered enemy of society and its values with an indelible stigme as convict stampad on him-a potentially good person 'successfully' processed into a hardened delinquent, thanks to the penal illiteracy of the prison System. The Court must restore the man. 4. A hypersexed homo sapian cannot be habilitated by humiliating or harsh treatment, but that is precisely the preversion of unreformed Jail Justice which some crimonologists have described as the crime of punishment. This Court has held, in Sunil Batra case and later than, constitutionally viewed, punitive deprivation of personal freedom must be goal-oriented and humanely restorative, apart from being deterrent. The insulated years behind the insensitive bars must possess a hospital setting if correction is a social purpose, as Gandhiji often insisted. In-prison treatment must, therefore, be geared to phychic healing, release of stresses, restoration of self-respect and cultural normalisation apart from training to adopt oneself to the life outside. The functional failure of our pachydermic prison projects, exacerbated by its tension and trauma on the one hand and the reverse ethos inside on the other, deserves judicial cognisance. The current efforts of governments, Central and State, to reform Jail regimen, we hope, will give a better deal to the caged community. For these reasons, in this case, we deem it desirable to superadd to the sentence of imprisonment a few directives to ensure that the carceral period reforms the convict." 6. The general rule of execution of sentence of imprisonment is that the sentence of imprisonment in another case commences at the expiration of the imprisonment to which the accused has been previously sentenced. In other words, sentences have to be executed consecutively, unless a different direction is given by the Court (see section 427 Criminal Procedure Code ). The appellant has been awarded 7 years imprisonment in both the cases. In case of default in payment of fine, he has also been awarded rigorous imprisonment for one year.
In other words, sentences have to be executed consecutively, unless a different direction is given by the Court (see section 427 Criminal Procedure Code ). The appellant has been awarded 7 years imprisonment in both the cases. In case of default in payment of fine, he has also been awarded rigorous imprisonment for one year. Meaning thereby, the appellant shall be required to undergo total sentence of imprisonment of 16 years in both the cases. The question, therefore, requires consideration, whether such long term imprisonment would be just and proper to have any correctional effect on the appellant ? 7. Taking into consideration all the aspects stated above, I am of the opinion that the sentence of imprisonment for a term of five years and the sentence of fine as awarded by the trial court in each case, will meet the ends of justice applying the various theories of punishment. I am also of the opinion that sentence of imprisonment in both the cases be ordered to run concurrently. In both cases, the offences were committed simultaneously, more or less in the same transaction at the same time and apparently, it is a case of sex perversion. Initially, the prosecution had also filed one charge-sheet, but the same was split as per order of the learned Sessions Judge. Thus, taking into consideration all the facts and circumstances, I am inclined to accept the prayer made by Shri Sharma, learned counsel for the appellant. 8. The net result of the above discussion is that the conviction of the appellant Under section 377 and 354 Indian Penal Code in both the cases is maintained. However, the sentence of imprisonment Under section 377 Indian Penal Code in both the cases is reduced from seven years rigorous imprisonment to five years rigorous imprisonment. The sentence of fine and the sentence of imprisonment in default of payment of fine as awarded by the trial court are maintained. It is also ordered that the sentence of imprisonment awarded in Sessions Case No. 2/91 and 4/91 decided by the learned Special Judge (Prevention of Atrocities on S.C./S.T. Court) Ajmer, out of which the present appeals arise, shall run concurrently with each other. The appeals are disposed of with the above modification and direction. 9. A copy of this Order be also sent to the concerned jail Superintendent where the appellant is undergoing imprisonment of sentence.Appeals partly allowed.
The appeals are disposed of with the above modification and direction. 9. A copy of this Order be also sent to the concerned jail Superintendent where the appellant is undergoing imprisonment of sentence.Appeals partly allowed. *******