Terming the incident as 'sordid and obnoxious', the Supreme Court has sent a teacher to jail for seven years setting aside a high court order acquitting him of charges of raping a Class IV student.
Allowing an appeal of the Himachal Pradesh government against the high court order, a bench comprising Justice Arijit Pasayat and Justice P P Naolekar restored the trial court verdict sentencing Shree Kant Shekari to seven years imprisonment and a fine of Rs 14,000 of which Rs 10,000 would be given to the victim.
The teacher, on the pretext of solving a question, had on May 28, 1993, detained the student after school hours and raped her. The offence was repeated, thereafter, till she got pregnant and disclosed the matter to her parents, who took the matter to the police.
The trial court relied on the evidence produced by the police and convicted the teacher. The latter moved the high court, pleading that intercourse was consensual and that the girl was not a minor. The high court upheld his plea.
But the apex court said the high court has fallen in 'grave error' in acquitting the accused as the victim had categorically stated that she was raped and threatened with dire consequences if she told others about it.
"Looked at from any angle, judgment of the high court is indefensible and the same is accordingly set aside," the bench said restoring the trial court verdict.