Karnataka HC Rejects Teacher’s Plea To Dismiss POCSO Case

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The Karnataka High Court has refused to dismiss a Protection of Children from Sexual Offences case against a school teacher accused of secretly recording videos of girl students while they changed clothes.

The teacher, employed at a residential school in Kolar district for children from backward communities, faces charges of sexual harassment under the POCSO Act.

Justice M. Nagaprasanna, in a recent ruling, condemned the teacher’s actions as “horrendous,” noting the gravity of the allegations. The teacher was arrested in December 2023 after authorities discovered that he had allegedly used multiple mobile phones to secretly record the students.

The court highlighted that the teacher was found with five mobile phones, each containing around 1,000 images and several hundred videos, all of which were seized for forensic examination. Despite the teacher’s argument that his actions did not constitute sexual harassment under the POCSO Act, the court rejected this claim.

Justice Nagaprasanna stated, “Section 11 of the POCSO Act specifies that anyone who causes a child to expose their body in a way that can be viewed by others, or makes any inappropriate gesture, is committing sexual harassment.” He emphasized that the teacher’s behavior clearly falls under this definition and is punishable under Section 12 of the Act.

The court concluded that the evidence, including the complaint, the teacher’s statements, and the forensic report, establishes a prima facie case, making it impossible to dismiss the case at this stage. The complaint was filed through a helpline managed by the state social welfare department, which oversees such residential schools.

Justice Nagaprasanna emphasized the need for a full trial, stating, “The fact that the petitioner is a teacher makes this offence particularly reprehensible. The alleged actions are not just illegal, they are morally indefensible.” The court ruled that the teacher must face trial to address the serious allegations against him.