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2004 Supreme(SC) 1065

ARIJIT PASAYAT, P.P.NAOLEKAR
State Of H. P. – Appellant
Versus
Shree Kant Shekari – Respondent


JUDGMENT

Arijit Pasayat, J.-The factual matrix of this appeal is unfortunately related to sordid and obnoxious incidents where the respondent (hereinafter referred to as accused ) who at the relevant point of time was working as a teacher gratified his animated passions and sexual pleasures by having carnal knowledge of his student, a girl of tender age. The result was that the sacred relation of teacher and his pupil was besmirched. As observed by this Court in Madan Gopal Kakkad v. Narain Dubey and Anr. (1992 (2) Crimes 168) such offenders are menace to the civilized society.

2. The State of Himachal Pradesh is in appeal against, the judgment of a learned Single Judge of the Himachal Pradesh High Court directing acquittal of the accused who faced trial for alleged commission of offences punishable under Sections 376 and 506 of the Indian Penal Code, 1860 (in short the IPC ). The trial Court i.e. the Sessions Court, Kinnaur had convicted and sentenced him to undergo imprisonment for 7 years and a fine of Rs. 2,000/- for the first offence and one year and a fine of Rs. 2,000/- for the second offence. In addition, the accused was directed to pay compensation of Rs. 10,000/- to the p



























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