Introduction:
The Bombay High Court upheld the conviction and five-year imprisonment of a primary school teacher from Ratnagiri under the Protection of Children from Sexual Offences (POCSO) Act for sexually assaulting three students.
Background:
- Location: Primary school in Ratnagiri, small locality with about 50 people.
- Incident: December 2021, teacher distributed uniforms, asked girls to change, and then sexually assaulted them.
- Complaint: Filed in January 2022 after families noticed the girls’ reluctance to attend school.
Key Points:
- Teacher’s Tenure: 14 years at the school.
- Victims: Three girl students in grades one and two.
- Witnesses: Boys confirmed teacher asked them to leave when girls were called in.
- FIR Delay: 15 days, explained due to initial complaints to village Sarpanch and Education Department.
- Legal Proceedings: Teacher’s denial of presence on the incident day was countered by students’ consistent statements.
Legal Provisions:
Section | Act | Provision |
Section 9 | POCSO Act | Aggravated Sexual Assault |
Section 10 | POCSO Act | Punishment for Aggravated Sexual Assault |
Impact:
- Conviction Upheld: High Court found no perversity in the trial court’s judgment.
- Community Awareness: Incident highlighted the need for vigilance and prompt reporting in small communities.
Conclusion:
The Bombay High Court upheld the trial court’s conviction and sentence, emphasizing the correct appreciation of evidence and the seriousness of the crime under the POCSO Act.
SOURCE – INDIA TODAY
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