High Court upholds teacher’s sentence under POCSO Act

The Protection of Children from Sexual Offenses (POCSO) Act clause that awarded a teacher ten years in jail has been affirmed by the HP High Court.

A Division Bench made up of Justices Vivek Singh Thakur and Rakesh Kainthla noted that the accused “was a teacher and in a fiduciary relationship with the victim” while maintaining the trial court’s decision. Although it was his duty to protect her, he had abused the victim sexually by taking advantage of his position. The offender was rightfully found guilty by the trial court of violating Sections 354A, 506 of the IPC, and Section 6 of the POCSO Act by performing crimes against the victim.

In response to an appeal filed by the accused, who claimed he had not committed any crimes and had been wrongfully charged in this case, the court rendered this decision.

The prosecution claims that on September 28, 2016, the accused brought the victim to the school office and attempted to have forced sex with her. After seeing the event, a fellow student told other classmates and the victim’s parents about it. When the victim’s parents asked her about the situation, she told them everything that had happened. The offender was a teacher in Class VIII, while the victim was a student.

Following the trial, on September 25, 2020, the Solan Additional District and Sessions Judge found the accused guilty, gave him to a ten-year hard jail term, and fined him Rs 25,000 in accordance with the POCSO Act.

The accused, feeling wronged by the punishment imposed upon him, appealed to the High Court. The court noted, “The accused was an authority figure in a position to terrorize the victim,” in rejecting the appeal. There is no justification for meddling with the trial court’s decision. Therefore, the current appeal is denied and is dismissed.