The need for corroboration and consistency in evaluating evidence, especially that of a child witness, in criminal cases.

Sandeep Sharma, J.

1. Instant Criminal appeal filed under Section 378 of the Code of Criminal Procedure, is directed against the impugned judgment dated 31.7.2008, passed by learned Additional Sessions Judge, Solan, District Solan, H.P., in Criminal Appeal No.13-S/10 of 2008, reversing the judgment of conviction and sentence dated 8.1.2008, passed by learned Judicial Magistrate 1st Class, Kandaghat( Camp at Solan) in Criminal Case No.2/2 of 2007/2006, whereby learned trial court while holding respondent ( hereinafter referred to as the accused) guilty of having committing the offence punishable under Section 354 of Indian Penal Code (hereinafter referred to as IPC), convicted and sentenced him to undergo simple imprisonment for one year and to pay fine of Rs.2000/- and in default of payment of fine, to further undergo simple imprisonment for two months.

2. Briefly stated facts as emerge from the record are that complainant Smt. Vidya Devi (PW-1) lodged complaint at police Station, Solan alleging therein that on 1.4.2004 the accused, who was working as Teacher in Primary School, Brewery, District Solan indecently assaulted her daughter namely Hema (PW-2) studying in 4th class. As per the complainant, victim was called by the accused and thereafter was asked to sit on his lap and when she refused to do so, accused forcibly caught hold of her and placed his hand on her leg, whereas remaining students were asked to go outside the room. As per complainant, accused placed his hand inside the salwar of the victim, upon which victim started weeping. Thereafter, accused left her and called all the children inside the class. Aforesaid incident was brought to the notice of the complainant, who happened to be mother of the victim on the same day, but since her father was not at home complaint could not be made on the same day. The mother of victim revealed the matter to her brother namely Sh. Amarjit. Aforesaid fact was brought to the notice of the management of the school by Sh. Amarjit. However, fact remains that FIR came to be registered only on 8.4.2004, whereby police registered the case against the accused under Section 354 of IPC. Police after completion of the investigation, presented the challan in the competent Court of law.

3. The learned trial Court being satisfied that a prima-facie case exist against the accused, put notice of accusation to the accused under Section 354 of IPC, to which he pleaded not guilty and claimed trial.

4. Prosecution with a view to prove its case examined as many as eight witnesses, whereas accused in his statement recorded under Section 313 Cr.P.C, denied the case of the prosecution in toto. Accused termed allegations made against him to be false and stated that he has been falsely implicated by the management of the school, as he was having some altercation with the management on the issue of salary. The accused also led evidence in his defence. Learned trial Court on the basis of the material adduced before it by the prosecution, held accused guilty of having committed offence punishable under Section 354 of IPC and accordingly convicted and sentenced him, as per the description already given hereinabove.

5. Feeling aggrieved and dissatisfied with the impugned judgment dated 8.1.2008, passed by the learned trial Court, accused preferred an appeal under Section 374 of the Code of Criminal Procedure before the learned Additional Sessions Judge, Solan, which came to be registered as Criminal Appeal No.13-S/10 of 2008. The learned Additional Sessions Judge, Solan vide judgment dated 31.7.2008 set-aside the impugned judgment of conviction and sentence recorded by the learned trial Court and acquitted the accused of the notice of accusation put to him under Section 354 of IPC. In the aforesaid background, present appellant-State approached this Court by way of instant criminal appeal, praying therein for his conviction after quashing and setting aside the impugned judgment of acquittal recorded by