- (1.) CHALLENGE in the instant revision by the revisionist Nawal Kishor Tiwari is to his conviction under Section 294 IPC and imposed sentence of two months R.I. with Rs.2000/- fine. In default of payment of fine, he has been directed to serve one month further imprisonment by A.C.J.M. Mahoba vide impugned judgement and order dated 29.6.2009, recorded in Criminal Case No.279 of 2006, State Vs. Nawal Kishor Tiwari, relating to Crime No. 61 of 1996, P.S. Kotwali, district Mahoba.
(2.) CHALLENGE to the aforesaid conviction and sentence by the revisionist in Criminal Appeal No. 25 of 2009, Nawal Kishor Tiwari Vs. State of U.P. was unsuccessful as Additional Sessions Judge, F.T.C., Mahoba, who vide his impugned judgement and order dated 14.3.2011 confirmed trial court's judgement. After Appellate Court's judgement revisionist surrendered on 23rd March 2011 and is under incarceration since that date. Background facts as are mentioned in both the impugned judgements indicates that revisionist is the Principal and Manager of Kishore Manch Sanskritik Kala Institution, Gandhi Nagar, district Mahoba. Work of the aforesaid institution was to give admission to infant boys and girls. Informant and victims had got their children admitted in the said institution by paying fees of Rs.1300/- and 10 K.g.s. of grains. Students, who got admitted in the said institution were Saurav Kishore, Sanjay Kishore, Raj Kishore, Bharat Kishore, Bhagwat Kishore, Kalyan, Watyan, Sunil, Om Kishore. It is allegated that the revisionist used to indulge in unnatural sexual activities as he used to get his feet and male organ massaged from those infant children. Children complained to their parents regarding said unnatural lust and illegal activities of the revisionist. On lodging protest by the parents, who also demanded back repayment of admission fees and also to score out the names of their wards, they were threatened by the revisionist to falsely implicate them in false cases, as revisionist had got connections with higher authorities and further threat was that he will get the parents annihilated with help of anti-social elements and goondas. Further allegation is that although children were studying in the said institution since last twenty days but their admission in the scholar register was shown from a subsequent date i.e. 1.6.1996 and the unnatural lust was practised since last eighteen days.
(3.) IN respect of the said crime an F.I.R. was registered, which ultimately resulted in laying down a charge sheet against the revisionist. Learned Magistrate found prima facie offence being disclosed against the revisionist, summoned him under Section 294 IPC and charged him with the said offence on 3.11.1997, which charge was denied by the revisionist, who claimed to be tried. To prove the guilt of the revisionist and establish the charge, prosecution examined Babu Lal P.W.1, Saurabh Kishore P.W.2, Ramratan P.W.3, Bharat Kishore P.W.4 and Constable Ramjeet Dubey P.W.5. In his statement under Section 313 Cr.P.C., revisionist denied incriminating circumstances appearing against him and pleaded his false implication. A.C.J.M. Mahoba, who conducted the trial found the case of the prosecution proved to the hilt and therefore, convicted the revisionist U/S 294 IPC and imposed the sentence of two months R.I. with fine of Rs.2000/-. She further ordered that in default of payment of fine revisionist shall undergo one month further imprisonment.;