Judgment

DUA, J.:- This appeal is by special leave from the judgment of the Punjab & Haryana High Court in Criminal Appeal No. 913 of 1966. The appellant, Ram Murti, along with Suresh Kumar, Pratap Singh and Prem Kumar Mittal, was tried in the Court of the Additional Sessions Judge, Ambala on charges under Sections 366, 366-A 376, Indian Penal Code. Pratap Singh, Suresh and Prem Kumar Mittal were given benefit of doubt and acquitted. According to the Trial Court, the prosecutrix Satnam Kaur, a student of 9th class, Dev Samaj Girls High School, Ambala City, had improved upon her earliest version in respect of these accused and the possibility of falsely implicating them by herself or at the instance of Shri Hari Ram, Assistant Sub-Inspector, could not be reasonably ruled out. The appellant was, however, held to be the chief and real culprit and was accordingly convicted under Sections 366 and 376, Indian Penal Code and sentenced to 5 years rigorous imprisonment on each count. The sentences were ordered to be concurrent. It was observed that the appellant did not deserve any leniency because being a medical practitioner and a teacher he had taken undue advantage of his position in b