Point of Law: Section 12 of POCSO Act deals with punishment to be imposed upon a person indulging in sexual harassment as obtaining in Section 11 of POCSO Act.

ORDER :

1. The petitioner is before this Court calling in question the proceedings in Spl.Case No.17/2022 arising out of Crime No.71/2017 registered for offences punishable under Sections 323, 342, 109 of the IPC and Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, "the POCSO Act").

2. Heard the learned counsel, Sri. Sirajuddin Ahmed, appearing for the petitioner and the learned High Court Government Pleader, Sri. K.S. Abhijith, appearing for respondent No.1.

3. Brief facts that leads the petitioner to this Court in the subject petition, as projected by the prosecution are as follows :

The complainant is the mother of the child, who was 5 years old at the time of occurrence of the incident. A complaint is registered by the mother of the child, who was studying in the Nursery section of East Wood High School at Ulsoor, alleging that when her daughter comes home, was incessantly crying and used to complain that her teacher was beating her every time, used to lock her in a dark room and then let her out. It is alleged that the petitioner had also indulged in removal of the pants of the child, revealing the body of the child as a measure of punishment.

4. The complaint becomes a crime in Crime No.71/2017 for the afore-quoted offences and the police after investigation have filed a charge sheet against the petitioner for the said offences and the case is now pending as Spl.Case No.17/2022. Filing of the charge sheet against the petitioner for the afore-quoted offences, is what drives the petitioner before this Court in the subject petition.

5. The learned counsel, Sri. Sirajuddin Ahmed, appearing for the petitioner submits that a case of child abuse, which is false, is also sought to be brought under the provisions of POCSO Act, without there being any semblance of truth in the allegation and would submit that the proceedings, if permitted to continue would become an abuse of the provisions of the POCSO Act and seek quashment of the entire proceedings. He seeks to defend the action of the petitioner contending that it was only to discipline the child, like any other teacher the petitioner has imposed certain punishment, which cannot be termed as offences under the Act.

6. On the other hand, the learned High Court Government Pleader, Sri. Abhijith K.S., appearing for the first respondent would take this Court through the documents appended to the petition and the papers of investigation to contend that the child has been beaten and treated in a manner that would become punishable under Section 11 of the POCSO Act and therefore, it is a matter of trial for the petitioner to come out clean. Hence, seeks for dismissal of the petition.

7. I have given my anxious consideration to the respective submissions made by the learned counsel and perused the material on record.

8. It is not in dispute that the child was a student and was in the class, in which, the teacher was the petitioner. The victim-student was 5 years old at the relevant point in time when the incident takes place on 24.02.2017. The incident of 24.02.2017, which is reported is not the solitary incident according to the complaint, as it was a collective narrative of the incidents that have happened in the school against the victim and several others, by the petitioner-accused. Since the entire issue springs from the complaint, I deem it appropriate to notice the complaint insofar as it is germane for consideration of the lis:

“To

The Police Inspector

Ulsoor Police Station

Bengaluru.

Sub: Child Abuse in Eastwood High School.

Dear Sir,

This letter is regarding to express my deep concerns as a parent about the incident happened with my daughter Yajnasmita Dash (5 years old) studying in Nursery at her school Eastwood High School in Ulsoor, Bengaluru. The incident has been shared in social media and online petition has been done and I have received huge support from the citizens across India. This case has also been covered in Media as t