M.A.A. Khan., J. - (1.) -This is an appeal under section 374(2) Criminal procedure Code against the judgment and order dated 11.4.1996 whereby the learned Sessions Judge, Churu, in Special Case No. 64 of 1994 convicted the appellant Sher Singh of offence under section 376 IPC and sentenced him to 8 years R.I. and fine of Rs. 1,000/-
(2.) The relevant facts are these:- During the year 1994 Sher Singh appellant stood posted as a teacher in Higher Primary School at Sohanpalsar under Police Station Sardar Shahar, Distt. Churu. In all five or six teachers stood posted in the school at the relevant time. PW 9 Shri Jai Chand Lal was the Head Master since 6.7.1984, then the appellant since 25,2.1988, then a lady teacher PW 1 Smt. Dropadi Morya, a member of Scheduled Caste, since August 1993 and then PW 2 Shri Namo Narayan and PW 3 Shri Sampat La I who both had joined the school on 11.7.1994 on their first appointment. The last three were perobationers. One more teacher, DW 1 Dana Ram had also remained posted there from 7.1.1989 to 7.7.1993 but had been on deputation for two months w.e.f. 16.8.1991 to another school at Bhalel. One Mahendra Singh is also stated to be posted.
(3.) The school building at Sonpalsar is situated in a village and is surrounded by inhabitated residences of villagers. As the site map Ex. P/3 and its details shows (Ex. P/3A) and which were not disputed before me by either sides, the school building consists of 15 rooms, three on western side, four on eastern side and .eight on southern side with wide open space in front of them. On the northern side There is the main entrance. Majority of teachers including the Head Master used to occupy some of the rooms for their residences. At the relevant time PW 1 Smt. Dropadi, PW 2 Namo Narayan, PW 3 Sampat Lal and Sher Singh appellant appear to be residing in four separate rooms of the school building. Since Shri Jai Chand Lal, Head Master had got his own house constructed in the village, he had shifted there.;