HC Rejects ‘Rapist’ Teacher Plea Against 10-year Jail Term

Srinagar—The Jammu and Kashmir High Court has dismissed plea by a private teacher against 10-years jail-term awarded to him by 2nd Additional Session Judge Srinagar last year for raping a minor orphan student from a suburban locality here on 12 December 2013.    

The rape convicted teacher, Pervaiz Ahmad Dar of New Colony Old Barzulla here, had assailed the trial court verdict on number of grounds.

A bench of Justice Mohammad Yaqoob Mir after appreciating the rival contentions by Pervaiz’s counsel M.M.Iqbal and senior Additional Advocate General B A Dar upheld the trial court’s verdict which besides sentenced him to undergo ten years rigorous imprisonment also imposed a fine of Rs 25000 on him in February 2016. 

“Teacher-student relationship is pious breach whereof is a blot on the noble profession of a teacher. Parents rightly believe teachers equally to be the parents. Teacher is a nation builder who imparts education to the youth from elementary level so that youth becomes role model. Teachers are considered to be trustees as they are primarily entrusted with the pious job of developing the children(pupil) into fine citizens. Such citizens after reaching to the higher positions when applauded, make their mentors/teachers proud and a teacher feels himself at the top of the world. Teacher as a matter of fact contributes in making the society well refined,” the high court said and termed the act on part of the convict as “unfortunate”.

“Unfortunately accused (Dar) a perverted teacher in effect a destructor who normally could be a father figure has tarnished the life of an orphan girl who used to get tuition from him. Whole system works on trust and confidence. Teacher is never expected to be a devil. The teacher (convict) who has displayed devilish brutality is a shame for himself. How the poor girl (student) can come out of the stigma for which none else but her teacher—a fatherly figure is responsible. Teacher community, a nation builder community, but for such perverted teacher (convict), therefore, trial court has appropriately awarded the sentence,” the court added.

To the convict teachers contention that the girl falsely implicated him, the High Court responded: “No student without any cause or justification would ever blame his/her teacher, even an iota of evidence has not come-forth from the prosecution witnesses from the defense witnesses which would suggest any enmity or animosity which would have persuaded the (girl) to go to such extent of involving her teacher in such crime. When there is no enmity or animosity why should a young minor student involve her teacher, therefore, the contention that (he) has been implicated is far from the truth.”   The court also held that it was trite that the statement of (victim girl) if inspires confidence has to be accepted, and on her acceptable testimony conviction can be recorded. “Corroboration is required in cases where there are compelling reasons but in the instant case the statement of (the victim girl) is such which inspires confidence for holding that the accused is the only person who has assaulted her.”

The court also held that the victim was entitled to compensation under Jammu and Kashmir Victim

Compensation Scheme, 2013 notified vide SRO-229 on 23 September 2013. “Principal District & Sessions Judge, Srinagar (Chairman, District Legal Services Authority) shall process the case of the (girl) for payment of Rs.1.50 lakhs as compensation as permissible in accordance with the Scheme, which on sanction shall be kept in a fixed term deposit in the name of the victim initially for a period of six year,” the court said.

The Case

Pervaiz was arrested by police soon after brother of the victim (name withheld) filed a complaint with police station Saddar here on December 12, 2013.

A case (FIR No. 242/2013) was registered and the cops had immediately written a letter L.D Hospital for providing medical treatment to her. Besides a few stitches, one pint of blood was administered to her. The victim was actually Pervaiz’s erstwhile student. On the fateful day, she visited his home to handover an amount of Rs 2000 as first instalment to be paid the girl’s new tutor who was known to Pervaiz. 

“Since Pervaiz was known to the family, they requested him to persuade the (new) tutor to accept the tuition fee of Rs 7000 in instalments. On the fateful day, the girl’s mother gave her Rs 2000 to pay him as first instalment,” the prosecution said.

When the girl reached the Pervaiz’s house, he caught hold and raped her. In the process, she bleeded and he left her but intimidated not to divulge it to anyone, the prosecution added.

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