JUDGMENT

AMIT SHARMA, J.

1. The present revision petition under Section 397 of the Code of Criminal Procedure seeks the following prayers:

“a. That the impugned order dated 21.09.2020 by the Special Judge POCSO at Tis Hazari be set aside;

b. That the matter for impleadment as Accused be re heard by the trial court;

c. That the court may call for the records of the case exercising its power;

d. That the Praveen Kumar, Ms. G.K. (name withheld) or any other person that the court may deem fir be summoned as the accused in the present matter before the Special Court;

e. Any other remedy that the Hon‟ble Court may provide in light of justice, equity and good conscience.”

BRIEF FACTS:

2. The brief facts leading up to the present petition are as follows:

i. Respondent no. 2 sent a complaint dated 10.09.2018 to the Director, Directorate of Education, Delhi alleging that his son (heretofore referred to as Master “VA” / PW-1), a minor aged about 12 years then, studying in class 7th in a public school had been sexually assaulted by few of his classmates in the preceding year [the name of the survivour and the school are withheld to protect the identity of the survivour in accordance with section 23 of the POCSO Act] and that when Respondent no. 2 approached the school management with the issue and persisted with his adamant efforts requesting for rustication of the 5 alleged CCLs involved in the incident; the management responded to the same with rustication of “M” and “R” and with issuance of warning to the 3 other CCLs. Furthermore, in the aforesaid complaint, it was stated that even after the alleged incident leading to rustication and warning, school authorities and especially one Ms. J. K. S. (name withheld), Teacher-in-Charge of the school continued to mete out different treatment to the survivour (Master “VA” / PW-1), who intentionally was made to sit at the back of the classroom secluded from other students despite his poor eyesight and was failed in class VII.

ii. One copy of the aforementioned complaint was sent to the DCP, Central District, Darya Ganj, on the basis of which, FIR no. 421/2018 under Sections 377/34 of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (heretofore referred as “POCSO Act”) was registered in PS Karol Bagh against the CCLs on 02.10.2018 (Annexure C-3), which was further referred to Juvenile Justice Board where it is currently pending.

iii. During investigation, on 06.10.2018, statement of the survivour “VA”

(PW-1) under 164 of the Code of Criminal Procedure (heretofore referred as “Cr.P.C.”) was recorded; where he corroborated the allegations made in the complaint regarding forceful unnatural sex by 5 of his classmates. He further corroborated to the inequitable and exclusionary treatment meted out to him by the school authorities including the Vice-Chairperson and the Teacher-in-Charge, Ms. J.K.S.

iv. On further investigation, all 5 CCLs were apprehended. The Principal and Vice-Chairperson namely Jasvinder Kaur, W/o Gurpreet Kaur, R/o GH- 13/84, Paschim Vihar, New Delhi (petitioner no. 1) and Harvinderjeet Singh, S/o Sardar Satwant Singh, R/o I-16/390, Military Road, Anand Parbat, Karol Bagh (petitioner no. 2) were given notices under section

41A of the Cr.P.C.

v. Chargesheet was filed. Charges under Section 21 POCSO Act were thereafter framed against the petitioners.

vi. The petitioners in their application under Section 319 of the Cr.P.C.

prayed for impleadment of Respondent no. 2 (PW-2) and Ms. G.K. (name withheld) as accused(s) in the case under Section 19 read with Section 21 of the POCSO Act; however, the same was dismissed by the Special Judge (POCSO Act), THC (Central), Delhi on 21.09.2020 on the ground that inculpatory statement of Respondent no. 2 (father of the survivour/PW-2), who is a prosecution witness cannot make him liable to be arrayed as an accused under Section 319 of the Cr.P.C. (Annexure A-1). Hence, the present revision petition.

SUBMISSIONS ON BEHALF OF THE PETI