The power of the court to summon material witnesses or examine any person present under section 311 of the Code of Criminal Procedure is only for the purpose of examining or recalling or re-examining such person, if his evidence appears to be essential to the ‘just decision of the case’.

The instant criminal revision application has been taken out by a person who was initially accused and subsequently convicted by the learned trial Court along with another person for being guilty of offence punishable under section 354/506 of the Indian Penal Code. In appeal preferred by the petitioner before the Additional Sessions Judge, Andaman and Nicobar Islands, Port Blair, the conviction under section 354 was upheld but was set aside in respect of section 506 of the Indian Penal Code.

2. The facts of the case, in brief, are as follows:

A girl by the name of Rubina, who is a student of Government Senior Secondary School, Pahalgaon, under Mayabunder Police Station, came home during lunch break along with another student named Priya and stated to her mother that one teacher Anil Kumar Dhali and another Badal Paul (being the petitioner herein) often engaged themselves in doing misdeeds with girl students of class VIII of the school. The mother of Rubina, at the time of lodging the police complaint stated, inter alia, that Anil Kumar Dhali (the other accused person) had misbehaved with her daughter (Rubina) by making her daughter sit on his lap and pressed her chest, as a result of which her daughter got scared and narrated her everything. Her daughter told her that she would not go to that particular teacher for taking books from him. She also stated to her mother that Anil Kumar Dhali and Badal Paul were always doing such type of activities with girl students and also threatened to kill them if they disclosed the matter to anybody.

3. In her police complaint, Rubina’s mother also stated that her daughter had told her that such type of incidences also happened with her classmates and gave the names of those classmates. After listening to her daughter s complaint, she went to meet the classmates of her daughter. All of them told her that the said two teachers made them sit on their lap, put their hands on the girls chest, cheek and back and after putting their hands on their waist, tickled them. Upon listening to the version of the girl students, she went to the Principal of the school and narrated everything about the incident. When the Principal called the concerned girl students and inquired from them about the incident, all of them clearly divulged everything to the Principal about the misdeeds committed by Anil Kumar Dhali and Badal Paul. After listening to everything, the Principal stated to her that he had made the two teachers understand and that they would not commit such type of mistake for the second time. The complainant was not satisfied with the decision taken by the Principal and as such, she went to the police station along with her daughter Rubina and also brought two girls, namely, Erika Sobha Xaxa and Manisha to file the complaint against the accused persons and prayed for taking necessary action against them.

4. On the basis of the written complaint, an FIR was lodged against both the accused under section 354/506 of the Indian Penal Code vide FIR No.113/09 dated 7th August, 2009 and a criminal case was instituted against the accused persons. After completion of investigation, the Investigating Officer submitted charge-sheet against both the accused under section 354/506 of the Indian Penal Code.

5. The matter, thereafter, went on trial before the Court of the learned Judicial Magistrate First Class, Mayabunder, North and Middle Andaman, who, vide his judgment dated 11th September, 2012, held both the accused persons, namely, Anil Kumar Dhali and Badal Paul, guilty of offences punishable under section 354/506 of the Indian Penal Code, and sentenced them to suffer simple imprisonment for one year and to pay fine of Rs.2000/-; in default, one month s imprisonment for the offence punishable under section 354 of the Indian Penal Code and further sentenced both of them to suffer six months simple imprisonment for offence punishable under section 506 of the Indian Penal Code. The sentence of imprisonm