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2025 Supreme(SC) 727

SURYA KANT, N. KOTISWAR SINGH
X – Appellant
Versus
Rajesh Kumar – Respondent


Advocates appeared:
For the Petitioner(s): Mr. P.V. Dinesh, Sr.Adv. Mr. Junais P., Adv. Mr. Prasanth K., Adv. Ms. Anna Oommen, Adv. For M/S. Lead Counsel, AOR
For the Respondent(s): Mr. Thomas P Joseph, Sr. Adv. Mr. Bijo Mathew Joy, AOR Ms. Gifty Marium Joseph, Adv. Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv.

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

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