Back
2024 Supreme(Kar) 334
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA, J.
Muniyappa S/o Pillappa – Appellant
Versus
The State Of Karnataka - Respondent
Criminal Petition No.2418 of 2024
Decided on : 31-08-2024
Advocate Appeared:
For the Appellant :SRI S.P.KULKARNI, SR.ADVOCATE A/W SRI VASANTHAKUMAR K.M., ADVOCATE)
For the Respondent: SRI B.N.JAGADEESHA, ADDL.SPP
IMPORTANT POINT
The court affirmed that actions constituting sexual harassment under the POCSO Act justify the registration of a crime, emphasizing the seriousness of the allegations against a teacher.
Headnote:
POCSO - Sexual Harassment - Protection of Children from Sexual Offences Act, 2012 - Sections 11, 12 - The court interpreted Sections 11 and 12 of the POCSO Act, establishing that the alleged actions of the petitioner constituted sexual harassment, justifying the registration of the crime.
Fact of the Case:
The petitioner, a drawing teacher, was accused of recording videos and taking photographs of minor girls inappropriately at a residential school, leading to the registration of a crime under the POCSO Act.
Finding of the Court:
The court found that the allegations against the petitioner met the criteria for sexual harassment as defined in the POCSO Act, and the evidence suggested serious misconduct.
Issues: Whether the registration of the crime under Section 12 of the POCSO Act was justified based on the contents of the complaint.
Ratio Decidendi: The court held that the actions described in the complaint clearly fell within the definitions of sexual harassment under Sections 11 and 12 of the POCSO Act, warranting the continuation of the investigation.
Result: The petition was rejected, allowing the investigation to proceed.
ORDER :
The petitioner is before this Court calling in question registration of a crime in Crime No.209 of 2023 for offences punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short).
2. Facts, in brief adumbrated, are as follows:-
The petitioner is appointed as a drawing teacher in Murarji Desai Residential School, Tekal Hobli, Malur Taluk, Kolar District and continues in the said post as on today. The Joint Director of Social Welfare Department on 15-12-2023 is said to have received a complaint about the petitioner through the control room which then becomes a crime in Crime No.209 of 2023 for offence punishable under Section 12 of the POCSO Act. The reason for registering the crime is the alleged act of the petitioner in recording videos and clicking photographs of minor girl students in the residential school when they were changing their dresses. The moment the crime is registered and investigation taken up, the petitioner has knocked at the doors of this Court in the subject petition.
3. Heard Sri S.P.Kulkarni, learned senior counsel appearing for the petitioner and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor for the respondents.
4. The learned senior counsel appearing for petitioner would seek to contend that the petitioner has not done anything wrong. Even before registration of crime, the 2nd respondent was contacted on 15-12-2023 itself, after a complaint was received at the control room. The mobile phones of the petitioner were seized and then the crime was registered. Therefore, it is in violation of law as investigation has taken place prior to registration of crime. He would, therefore, seek quashment of entire proceedings. It is his further contention that Officers of Social Welfare Department also questioned the petitioner and indicated that the act of the petitioner has been broadcasted in several TV channels. He would submit that what are the TV channels are not indicated in the complaint nor there is any compliance with Section 65B of the Indian Evidence Act, 1872 for the contents in the mobile phone, as it is electronic evidence.
5. Per contra, the learned Special State Public Prosecutor would refute the submissions of the learned senior counsel for the petitioner, to contend that the petitioner has indulged in those acts which would clearly become an offence under Section 12 of the POCSO Act. He has shot videos and taken photographs of girls/children of Morarji Desai Residential School while they were changing their dress. How he has taken them and stored them is all a matter of evidence. He is not cooperating with the investigation as one of the mobile phones which has several data is not being unlocked by the petitioner. All other mobile phones have been locked and micro SD images in the mobile phones are all sent to FSL, which confirm the allegation against the petitioner. He would contend that the charge sheet is ready to be filed and would be filed any moment.
6. The learned senior counsel for the petitioner would join issue to contend that the complaint so registered before the Police is full of corrections. The words changing clothes are added and the words TV channels are also added. Therefore, he would submit that it is a complaint that is registered to wreak vengeance against the petitioner, for he had complained the school authorities using the children to clean water and sewerage tanks of the school.
7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
8. The entire issue has now sprung from the registration of complaint. The reason for registration of complaint is found in the contents of the complaint. The complaint reads as follows:
The complaint narrates that on 15-12-2023, helpline of the Social Welfare Department receives a complaint and on the said complaint, the Joint Director of Social Welfare Department conducts an inspection and found
