HC upheld the conviction of a teacher sentenced under the POCSO Act
Himachal Pradesh High Court upheld the conviction and sentence of a teacher who was held guilty of juvenile crime by special judge Solan.
The division bench of Justice Vivek Thakur and Justice Rakesh Kainthala has maintained the decision of the Solan Fast Track Court, ignoring the teacher’s appeal.
It is worthwhile to mention that the teacher was booked under the POCSO act on the complaint of the father of a minor pupil belonging to the 8th standard of government school in Solan district in 2016.
This teacher was sentenced to ten years of rigorous imprisonment by the lower court in 2020 under various sections of the POCSO Act and the Indian Penal Code.
This teacher had challenged the decision of the lower court in the State High Court that persecution couldn’t recover any obscene video clipping from him as alleged by the victim.
In the case of Kalgi Nand Delta vs State Government, the division bench has made it clear in its decision that the teacher must provide safety to the children. He could not take advantage of their helplessness.
Remember, this incident took place in a government school in Solan district and the police had registered a case under sections 354A, and 506 of the Indian Penal Code and various sections of the POCSO Act.
At that time, SP Solan Anjum Ara and the then chairperson of the State Women’s Commission, Jainab Chandel also visited the spot and saw the picture drawn in the notebook of the student.
Ultimately the police investigated and the trial took place in the fast-track court, Solan. On the basis of police investigation and statements of witnesses, the fast-track court sentenced this teacher to ten years imprisonment and also imposed a fine.
Arguments were given before the division bench on behalf of the teacher that no obscene videos were found on his mobile.
The division bench said that it does not matter. Live viewing could also be done through the Internet.
Apart from this, it was also argued that the testimony of class six could be considered correct.
Who had said that he had heard from other children of the school that the teacher had done wrong things to the victim girl.
The day this teacher did this, other teachers were not in the school. However, this teacher argued that in the school, children keep playing in the playground during lunch and the staffroom is full of all the teachers.
In such a situation, he could not do such work. However, it was proved by the prosecution that there was no other teacher in school on the day of crime. This teacher also argued that the victim’s father, recorded a complaint against him out of enmity
HC said the defense couldn’t present any fact before the bench that why should a sentence be suspended when it couldn’t prove the convict innocent.
