SHIMLA: The division bench of the High Court of Himachal Pradesh headed by the justice Vivek Singh Thakur and justice Rakesh Kainthla  uphold the conviction of the rape accused teacher on 25.09.2020, passed by the Additional District and Sessions Judge, Fast Track, Special Court, Solan, District Solan. 

 The respondent (accused in the Trial Court) was convicted and sentenced as follows: 

Under Section 354A of IPC: 3 years rigorous imprisonment and a fine of ₹5,000, with 3 months additional imprisonment if the fine is not paid.

-Under Section 6 of the POCSO Act: 10 years rigorous imprisonment and a fine of ₹25,000, with 1 year additional imprisonment if the fine is not paid.

- Under Section 506 of IPC: 2 years rigorous imprisonment and a fine of ₹2,000, with 2 months additional imprisonment if the fine is not paid.

- Under Section 12 of the POCSO Act: 3 years rigorous imprisonment and a fine of ₹5,000, with 3 months additional imprisonment if the fine is not paid.

- Under Section 10 of the POCSO Act: 5 years rigorous imprisonment and a fine of ₹10,000, with 6 months additional imprisonment if the fine is not paid.

The  learned Trial Court had rightly convicted the accused of the commission of offences punishable under Sections 354A, 506 of IPC and Section 6 of POCSO Act for committing the acts against victim ‘B’ and the offences punishable under Section 10 and 12 of POCSO Act, high court observed, dismissing the appeal of the accused.

The accused was a teacher identified as Dr Rajinder Negi and was in a fiduciary relationship with the victims, the court found.

He was supposed to protect them but has taken advantage of his position to sexually abuse the victims. Hence, the sentence imposed by the learned Trial Court is not excessive and no interference is required with the same, high court ruled.

In view of the above, there are no reasons to interfere with the judgment passed by the learned Trial Court.

Hence, the present appeal fails and the same is dismissed, ruled the judges:

The police charged the accused with offences under Sections 376, 506, 354A of the Indian Penal Code (IPC) and Sections 4, 6, 10, and 12 of the Protection of Children from Sexual Offences Act (POCSO Act).

The victim, referred to as 'B' (identity protected), was an 8th-grade student. The accused was a teacher at her school.