Punjab and Haryana High Court. (File)
The Punjab and Haryana High Court has acquitted a 55-year-old Sangrur teacher who was sentenced to life imprisonment by the district court in 2013 for raping a 14-year-old student, who belongs to the Scheduled Caste community. The division bench of Justices A B Chaudhari and Kuldip Singh said in the judgment that the case was registered only to pacify the public and even the trial court failed to examine the evidence under such circumstances. The locals in the Sangrur village had held protests for registration of the case.
“We are of the firm view that since accused was not present in village at or around the time of crime and was present with his wife at Railway Station at Sunam, therefore, he could not commit the crime at the time, as alleged by prosecutrix,” the division bench said in the judgment.
In the case registered in February 2013, the class VIII student had alleged that she was called by the teacher to his house for checking practicals of mathematics on December 31, 2012, and there she was raped by him. The accused, in his defence, said during the trial that he was not even present in the village when the crime is said to have occurred and was at the railway station in connection with reservation of tickets. He had also alleged he was implicated in the case due to political rivalry in the village.
While rejecting the prosecution argument that the railway forms for ticket reservation could have been signed by someone else, the division bench in the judgment said that since there was no case against the accused when the rape is alleged to have taken place, it is unlikely that he would attempt to create evidence. The case was registered 1 month and 13 days after the alleged rape had taken place.
“The most important evidence in this case is the practical book, on which accused put his initial and date. It was not taken into possession by police, which could show that on the said date, prosecutrix had visited house of the accused for the purpose of checking of her practical book,” the judgment reads.
The division bench also said that the tower location of the mobile number of the accused reveals he was around the Railway Station when the crime is alleged to have taken place. The principal of the school, where the teacher was posted, also confirmed that he had taken leave for the four days – the dates for which the tickets were booked – for the purpose of meeting his daughter in Bihar, who was studying the MBBS course there. The medical examination of the minor in February 2013 had revealed she had had sexual intercourse just prior to registration of the case.