- (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 Rs. 10/- and asked not to tell the same to anybody else. The said activity of the appellant is said to have continued upto 23.07.1986. He was every time offered some money. In total a sum of Rs. 75/- was paid to him. He allegedly came back to his house with his brother on 28.07.1986. He gave the dirty clothes for washing to his mother. His mother found sticky substances in the lungi. When accosted, he allegedly told her about the indecent behaviour of the appellant. PW- 8 Bhagawan Singh, the maternal uncle of Respondent No. 2 (brother of PW-4 mother Dushyanthi) at that time was also present. The victim was allegedly persuaded to go back to the school. He came back to the school on 3.08.1986. PW-9 Shivakumar and Natraj were said to have been asked by the appellant to bring him again to his office. He declined to come. He allegedly made a complaint to the Senior Swamiji as regards the incident who assured him to look thereinto and asked him not to make any complaint, the prestige of the Mutt being involved. However, no action was allegedly taken. He thereafter lodged a First Information Report on or about 29.08.1986 at about 6.30 p.m. Investigation in the matter took a long time. A spot mahazar (Ex. P2) was drawn up only on 30.08.1986. On 31.08.1986, the statement of PW-4 was recorded. The statement of PW-2 Palaksha was recorded on 17.09.1986. The statement of Gopinath was taken on 23.11.1986. However, he was not examined in court. Statement of PW-9 Shivakumar, another student was recorded on 2.12.1986. The statement of PW-8 Bhagawan Singh was taken on 31.08.1987. Chargesheet in the case was filed only on 9.05.1988. Keeping in view the aforementioned fact, the Trial Court initially discharged the appellant by an order dated 19.02.1990 which, however, was set aside by the High Court by an order dated 3.09.1992 with the direction to dispose of the matter on merits.
(3.) The trial started in March, 1996. In the mean time, the appellant was removed from the Mutt. Immediately, thereafter, he filed a suit on 27.05.1988. The said suit is still pending. Names of sixteen witnesses were cited in the chargesheet. However, only thirteen of them were examined before the learned Trial Judge. PW-1 is the complainant. PW-2 Palaksha was the student who along with Gopinath allegedly was asked by the appellant to bring Respondent No. 2 to his office. Gopinath who was a material witness as also the Senior Swamiji who could throw enough light in regard to the complaint made by Respondent No. 2 to him, for reasons best known to the prosecution, were not examined. PW-2 although is not an eye-witness but when the offence was being committed, he allegedly knew as to what was going on as both he and Gopinath were inside the room, although doors were closed and the place where the bed was placed in the office room was divided only by a plywood partition.;