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1969 Supreme(Ker) 222

V.R.KRISHNA IYER
BALAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. A pedagogue, past middle age, in a fit of foolish romance, dashed towards a fellow teacher of the female sex finding her accidentally alone in a room on a Saturday afternoon, shortly after the classes had dispersed earlier than usual, turned her face towards his and planted a fleeting kiss on her cheek (or lips?) as she was trying to make a cup of ovaltine; and when the offended lady screamed, the randy offender ran away. This, in brief, is the judicial finding concurrently made in affirmation of the prosecution version. While some criticism is possible about the evidence for the prosecution and its appreciation by the courts below I am satisfied not only that there is no real room for interference in revision but that there is basic truth (embroidered by fringes of falsehood, perhaps) in the case unfolded by the lady before the police shortly after the occurrence and substantially repeated later before the magistrate. I, therefore, decline to disturb the conviction and confine myself to a consideration of that delicate, difficult and yet important finale of a criminal trial, viz., the sentence to be awarded. The learned magistrate imposed a punishment of 3 months si









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