The Hindu : National : Supreme Court restores jail term to teacher for rape

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Thursday, Sep 16, 2004

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National

Supreme Court restores jail term to teacher for rape

By J. Venkatesan

NEW DELHI, SEPT. 15 . The Supreme Court has restored the conviction of seven years imprisonment awarded by the trial court to a school teacher of Himachal Pradesh for raping his student.

Allowing the State Government's appeal against the High Court order quashing the sentence and acquitting the teacher, Shree Kant Shekari, a Supreme Court Bench, consisting of Justice Arijit Pasayat and Justice P. P. Naolekar, directed the accused to surrender to police forthwith to serve the remaining sentence of imprisonment.

The Bench also restored the trial court's order imposing a fine of Rs. 14,000 of which Rs. 10,000 should be given to the victim.

Expresses anguish

It expressed anguish over the "sordid and obnoxious incident" and said the teacher took advantage of his student, a girl of tender age. The result, the sacred relation between the teacher and the taught was besmirched. "Such offenders are a menace to the civilised society."

The teacher, on the pretext of solving a question, had on May 28, 1993, detained the student after school hours and committed the crime. He repeated it and when she became pregnant, she disclosed it to her parents. After the trial court convicted him, he moved the Himachal Pradesh High Court saying it was a consensual act and that the girl was not a minor. The High Court allowed his appeal and set aside the conviction.

The Supreme Court held that the High Court had fallen in "grave error" in acquitting the accused, as there were categorical statements by the victim that she was raped and threatened with dire consequences if she told others about it.

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