In a significant ruling, the Supreme Court of India reinstated a case under the Protection of Children from Sexual Offences (POCSO) Act against a Kerala teacher, critiquing the Kerala High Court for its “insensitive” handling of the matter. The teacher had been accused of sexually harassing 52 girl students, leading to his suspension. However, the High Court had previously quashed the FIR against him, a decision that the Supreme Court has now overturned.
A bench comprising Justices Surya Kant and N Kotiswar Singh emphasized that the High Court’s approach involved prematurely evaluating evidence and conducting what amounted to a mini-trial, leading to an inappropriate conclusion that undermined the gravity of the allegations. The High Court had ruled out sexual intent in the teacher’s actions, stating it was “not possible to infer” such intent, which the Supreme Court found problematic.
The Supreme Court highlighted the High Court’s failure to consider the preliminary statements made by the survivors to the police, which suggested prima facie offenses under the POCSO Act. The bench expressed concern over the High Court’s interpretation of Section 7 of the POCSO Act, which it felt pre-judged the issue without adequate testimonial opportunities for the victims.
Justice Kant, in delivering the judgment, pointed out the disturbing element that most of the targeted victims belonged to minority communities, suggesting that the teacher might have exploited perceived societal barriers to deter disclosures of the abuse. The Supreme Court was also troubled by reports that the accused had attempted to quash the FIR by reaching a settlement with one of the survivors, which hinted at potential undue influence over the process.
In light of these concerns, the Supreme Court directed the trial to proceed, treating the survivors as protected witnesses and ensuring their statements are recorded promptly without revealing their identities. The court also imposed strict measures to prevent the accused from contacting or influencing the victims and witnesses.
Further unsettling details emerged during the school’s initial investigation into the complaints, where inappropriate materials were found in the school’s computer lab, and the teacher had issued an apology for his behavior, which, according to the prosecution, continued unabated. This behavior reportedly included sending vulgar photographs to what were believed to be the WhatsApp contacts of the students, some of which turned out to be their parents.
