Hemant Gupta, J. - (1.) The challenge in the present appeal is to an order passed by the High Court of Uttarakhand at Nainital on April 3, 2019 whereby, revision against an order of summoning of appellant under Section 319 of the Code of Criminal Procedure, 1973 (for short, 'Code') remained unsuccessful.
(2.) An FIR was lodged by Harpreet Singh, father of prosecutrix (aged about 6 years), on April 19, 2017 at 1:23 p.m., about sexual assault on her daughter. The FIR reads as under: "My daughter xxxx who is 6 years old has been mentally and physically harassed for 4-5 months in her school Aurum the Global School Haldwani. My daughter was very upset mentally for several days and would cry bitterly when asked to go to School. On my asking several times, she told me and my wife that in her School a teacher touched her private parts deliberately. He would take her to the bathroom, close her eyes and then would insert a stick like object in her vagina. This teacher had frightened her and he had instigated her not to talk about this matter to anyone. My daughter even told me that, whenever she went to the bathroom, he would follow her, and molest her there. Today, we showed the picture of this teacher to our daughter by the medium of facebook, she recognized him, and as a result we came to know that the name of this teacher is Bablu Bisht. Sir, the owner of the School Ankit Joshi, Principal Gauri Vohra and Class Teacher Nameeta Joshi are equally guilty (at fault) in this case. It is there pleaded of you, to kindly take stern action against the culprits."
(3.) After FIR was lodged, the statement of the victim was recorded by the Investigating Officer under Section 161 of the Code on April 19, 2017. Some of the relevant extracts from the statement read as under: "When father enquired so I told my father about Bablu Uncle's incident, my mother was also there. Bablu Uncle did these things earlier also - 3 days earlier he did the same thing. Ever since, I came to class first, he has done the same thing thrice. Question: Do you recall any earlier instance when Bablu Uncle or somebody from house or school did something like this with you? Answer: Aunty when I study in lkg and ukg then also sometimes Bablu Uncle did these things with me, apart from this nobody else has ever done anything with me.";