Bail suspension denied in serious POCSO case due to corroborated evidence of child exploitation by school authorities.

ORDER

The petitioner / accused No.2 was found guilty by the Additional Sessions Court, (Fast Track Court), Karur in Spl.SC.No.8 of 2023 and he was convicted and sentenced by judgment dated 15.05.2025 as follows:-

- to undergo imprisonment for two years and to pay a fine of Rs.1,000/-, i/d to undergo simple imprisonment for three months for the offence u/s.506(ii) IPC;

- to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, i/d to undergo simple imprisonment for six months for the offence u/s.11(iii) r/w 12 of POCSO Act; and - to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.10,000/-, i/d to undergo simple imprisonment for one year for the offence u/s.5(l), 5(m) r/w 6 of POCSO Act.

As against the conviction and sentence, the petitioner has filed Crl.A(MD)No.136 of 2023. Pending the appeal, the petitioner has moved this 3^rd application to suspend the sentence.

2.The earlier applications filed by the petitioner in CrlMP(MD)Nos.2960 of 2023 and CrlMP(MD)No.6515 of 2025 were discussed elaborately and were dismissed by this court by order dated

14.03.2025 and 10.09.2025 respectively.

3.The petitioner is the correspondent of a matriculation school, wherein the victim / PW2 was studying 10 standard. A1 is the Teacher in the said school and he has created a WhatsApp group with the girl students. The victim has expressed her ambition to become a Doctor. Taking advantage of the same, he has taken some photographs of the victim and has abused her. The victim is said to have reported this incident to this petitioner /A2, who was the correspondent of the said school. He also abused this victim and therefore, the victim has attempted to commit suicide. Only then the incident came to the knowledge of the parents of the victim, a complaint was lodged and case was registered.

4.The learned counsel for the petitioner submits that there is no proof that the petitioner has abused the victim. According to him, it is the A1 who has abused the child. He also submits that the occurrence had taken place on 19.05.2022 and on 29.05.2022. There is no special class on that day. He further submits that according to the investigating officer, the occurrence place is staff room, whereas victim has stated as science lab. He further submits that there is no staff room in the said school. Therefore, the occurrence place itself is doubtful. There was due in payment of school fee from the victim and the petitioner has called her mother directing them to pay the fee. Therefore, this complaint has been foisted. The doctor who examined the victim was not shown as witness in the final report.

5.The learned counsel further submits that the trial court has relied on the statement recorded under Section 164CrPC of the victim, wherein she has stated that A1 has taken photographs of five other students.

However, there is no investigation by the police in this aspect.

6.The learned Government Advocate submits that the victim is the daughter of a Driver. The said school was run by this petitioner A2. A1 is admittedly a Teacher in the school, he was staying in the school itself. A1 has created a WhatsApp group with the girl students and also abused the victim. He induced the victim and other students, who are in poverty, to meet A2. The evidence of PW1 is corroborated by the evidence of PW8 / another student of the school. He has also relied on the evidence of PW7, who served as a Teacher in the very same school. Apart from this evidence, the investigating officer has also recovered the mobile phone of A1 and found obscene videos and photos of the victim. According to him, A1