judgment

S.B. Sinha, J. —

1. A Mutt known as Sri Siddaganga Mutt (for short “Mutt”) is situated in the State of Kerala. Appellant was a ‘junior Swamiji’ therein. He was declared as the successor of the ‘senior Swamiji’ on or about 21.05.1975. Disputes and differences are said to have arisen between the two Swamijis. Police protection was given to the appellant. Both of them, however, purported to have signed an agreement on 13.05.1986. It was, however, not implemented.

The ‘Mutt’ used to run a school. Respondent No. 2 herein was admitted in the VIIIth standard in the said school of the Mutt. At the material time, he was reading in the IXth standard therein. On 18.07.1986 at about 8.30 a.m., the appellant allegedly through PW 2 Palaksha and Gopinath called him to his office. The office was partitioned, one part of it was converted into a bed room. After Respondent No. 2 entered in the office, he was asked to rub lemons on his body. He allegedly had stripped prior thereto. Respondent No. 2 was also asked to take his clothes off.

2. Respondent No. 2 alleged that he was subjected to unnatural offence by the appellant. His clothes, anus and panche (lungi) got soiled. He was given a sum of