Criminal Misc. No. M 6643 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M 6643 of 2010 (O&M) Date of decision: 7-5-2010 Gajender .........Petitioner Vs State of Haryana .........Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present: Mr. Y.D.Kaushik, Advocate, for the petitioner Mrs. Neena Madan, Additional Advocate General, Haryana HARBANS LAL, J. This petition has been moved by Gajender under Section 439 of Cr.P.C. seeking his regular bail in case F.I.R. No. 462 dated 16.9.2008 under Sections 366-A/376/120-B/34 IPC and Section 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered at Police Station City Ballabgarh, District Faridabad. This case was registered on the basis of the statement made by Partap Singh son of Roshan Lal before the police in the terms that “My younger sister Neelam aged 15 years was studying in 10th class in Aadarsh Vidya Mandir High School at Malerna Road, Ballabgarh. Pooja Chauhan D/o Ishwar Singh Chauhan resident of House No. 182, Aadarsh Nagar Malerna Road Ballabgarh is classmate of Neelam. They both were being taught by Gajender master(referring to the petitioner) in school. Pooja Chauhan is aged about 15 years. On 13.9.2008 at about 10. O' clock in the morning both these girls had left for the school for their first semester examination, whereafter, they did not return to their respective homes we Criminal Misc. No. M 6643 of 2010 (O&M) 2 both families inquired from the nearers and knowns. When we enquired from the school we came to know that both the girls did not appear in the examination. At about 6.00 P.M. Hema D/o Raj Kumar resident of Aadarsh Nagar told that Gajender master had enticed away both the girls. This fact was told by Gajender master to Hema on 10.9.08. Then we went in their search in the house of Gajender in Paraswal, Tehsil Nandwai, District Bharatpur, Rajasthan. We did not find any body there. When we enquired from the neighbours they did not tell anything. Then we came back. On 16.9.2008 Pooja Chauhan made a telephonic call to her father Ishwar Singh Chauhan on Mobile Phone No. 9953042270 and told that we are sitting on S.T.D. Booth near Police Station Govardhan and told that they have been left there by Gajender master.” I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. The learned counsel for the petitioner has submitted with great eloquence that no birth record pertaining to both the girls has been produced. They were medico legally examined but no mark of injury was found on their respective persons. They have levelled allegations against the petitioner being under the pressure of their family members. The petitioner being in custody since 18.9.2008 may be admitted to bail as the trial is not likely to be concluded within a measurable distance of time. To tide over these submissions, the learned State counsel pressed into service that both the girls are less than 16 years of age. If they are assumed to be the consenting party their consent is immaterial. I have well considered the rival contentions. It has been alleged in the F.I.R. that both the girls are 15 years Criminal Misc. No. M 6643 of 2010 (O&M) 3 of age. Thus by no stretch of speculation, it could be a case of consensual intercourse. It is the specific case of the prosecution that on 16.9.2008 Pooja Chauhan prosecutrix had telephonically informed her father Ishwar Singh Chauhan that they had been left by Gajender master(referring to the petitioner) near Police Station Goverdhan. Both the girls being below 16 years of age, their consent if any was immaterial. The offence of rape is an offence not only against the victim but against the society as well. To curb and discourage the commission of sexual assaults by the male teachers on their female students, the court should deal with perpetrators of such offence with a stren and heavy hand. It is to be recalled that the charges of rape and sexual abuse by six girl inmates of a home for deaf and dumb being run by the non-governmental organization in the Totu area of Shimla had left every one shocked with the police arresting three of the suspects after the matter came to light that some girls in the age group of 13 to 21 had alleged that they were repeatedly raped for the past one year while some other became target in the absence of a woman warden for the past two months. The girls were exploited by their own teacher who had been engaged to teach them Braille and other skills. The girls seemed to have been made victim by their own teacher. The teachers should act as protectors and saviours in the event of a sexual assault on their girl students. They themselves should not turn into a wolf. We can well imagine the polite of the sheep if the shepherd turns himself into a wolf but what can happen to a girl student if her own male teacher turns into a sexual assaulter. Herein, if the allegations are presumed to be true and correct, then this incident is highly condemnable and deprecable as having been committed by a teacher with his students. If the petitioner is admitted to Criminal Misc. No. M 6643 of 2010 (O&M) 4 bail he may flee from justice or threaten the minor girls that if they deposed against him, he will spoil their career. In the normal course, it is expected of a teacher to protect his students against sexual assault, but herein the things seems to have gone awry. In view of the gravity of the offence, I do not deem it to appropriate to admit bail to the petitioner. Sequelly, this petition is dismissed. Since the main petition has been decided, all pending Criminal Miscellaneous, if any, also stand disposed of. (HARBANS LAL) JUDGE May 7, 2010 RSK NOTE: Whether to be referred to the Reporter or not? Yes/No