Karnataka High Court. (Representative/File photo)
The accused, who was employed at a residential school for children from backward communities in Kolar district, has been charged with sexual assault under the POCSO Act.
The Karnataka High Court has refused to quash a case under the Protection of Children from Sexual Offences (POCSO) Act against a school teacher who was accused of making videos of girl students while they were changing their clothes.
The accused, who was employed at a residential school for children from backward communities in Kolar district, has been charged with sexual assault under the POCSO Act.
In his recent judgment, Justice M. Nagaprasanna described the teacher’s act as “appalling” and highlighted the gravity of the allegations.
The teacher was arrested in December 2023 after authorities discovered that he had allegedly used a mobile phone to secretly record students.
“What is most worrying is that the petitioner was found in possession of five different mobile phones, all of which were seized and sent for forensic examination,” the court said. “Each device contained about 1,000 photographs and several hundred videos.” The teacher approached the court arguing that his acts did not amount to sexual assault under the POCSO Act.
The High Court rejected this claim, saying that filming children in this manner clearly falls under the definition of sexual assault mentioned in the Act.
“Section 11 of the POCSO Act makes it clear that whoever forces a child to expose his or her body in a manner that is visible to others, or makes any inappropriate gesture, is committing sexual assault,” the court said. “Such behaviour is punishable under Section 12.” Justice Nagaprasanna further pointed out that the allegations levelled against the teacher conform to the legal definitions of sexual assault, making it impossible to dismiss the case at this stage. “The evidence produced, including the complaint, the statement of the teacher during investigation and the forensic report, clearly establish a prima facie case,” the court said.
The matter began after a complaint was lodged through a helpline run by the state social welfare department, which oversees such residential schools.
The court stressed that the teacher would have to face trial, and concluded that accepting the plea at this stage would be tantamount to condoning his actions.
Justice Nagaprasanna remarked, “The fact that the petitioner is a teacher makes this crime particularly reprehensible.” “The alleged actions are not only illegal, they are morally indefensible.” The court ruled that the teacher must face a full trial.
(This story has not been edited by AyraNews24x7 staff and is published from syndicated news agency feeds.) PTI,
