SURYA KANT, N. KOTISWAR SINGH
X – Appellant
Versus
Rajesh Kumar – Respondent
ORDER :
1. Leave granted.
2. This case is a glaring example of denial of justice to the victims of offences under the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') and possibly certain provisions of the Indian Penal Code (for short 'IPC'). The victims were students in a school in Tirur, where respondent No. 1 was a Computer Teacher. It was alleged that he behaved inappropriately with the female students of the school besides asking obnoxious questions like how many sanitary napkins they had used in a year. It was alleged that he would hold the hands of the students in the computer lab while using mouse in the lab and do other inappropriate actions. The female students made complaints to the Principal of the school, who directed the Head of the Department to inspect the computer lab where several women’s magazines and CDs containing questionable content were recovered. A show-cause notice was issued to respondent No. 1, who is stated to have apologized and promised to improve his conduct in future.
3. Respondent No. 1, however, allegedly did not mend his ways and continued to misbehave with the female students to the extent that he sent vulgar and ob
The court ruled that allegations of inappropriate behavior by a teacher towards students constitute a prima facie case under the POCSO Act, necessitating a trial.
(1) Sexual assault on minor girl – While a victim's testimony is usually enough for sexual offence cases, an unreliable or insufficient account from prosecutrix, marked by identified flaws and gaps, ....
Settlement between parties leads to quashing of proceedings under POCSO Act due to less seriousness of alleged offences.
The well-being of the child victim and the prevention of potential influence on witnesses are paramount considerations in cases involving offences under the POCSO Act.
The prosecution must establish the charges beyond a reasonable doubt, and inconsistencies in witness testimonies, particularly in sexual abuse cases involving minors, undermine the credibility of the....
Prompt and proper reporting of commission of offence under POCSO Act is of utmost importance – Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more ofte....
Amicable settlement in minor offences under PoCSO Act justifies quashing of proceedings to maintain harmony.
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