Karnataka HC rejects school teacher’s plea to quash POCSO case over filming of girl students

The case was initiated after a complaint was lodged via a helpline operated by the state social welfare department, which oversees such residential schools.

Published on: Sep 7, 2024, 17:00:16 IST

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The Karnataka High Court has declined to quash a Protection of Children from Sexual Offences (POCSO) case against a school teacher accused of recording videos of girl students while they were changing clothes. The accused, employed at a residential school for children from backward communities in Kolar district, is facing charges of sexual harassment under the POCSO Act.

High Court of Karnataka, Bangalore, India (Shutterstock)

Justice M Nagaprasanna, in a recent ruling, described the teacher’s actions as “horrendous” and highlighted the severity of the charges. The teacher was arrested in December 2023 after authorities discovered he had allegedly used mobile phones to secretly record the students. "What is deeply concerning is that the petitioner was found with five different mobile phones, all of which were seized and sent for forensic examination," the court observed. "Each device contained approximately 1,000 images and several hundred videos."

The teacher approached the court, arguing that his actions did not constitute sexual harassment under the POCSO Act. The High Court rejected this claim, asserting that filming children in such a manner clearly falls under the definition of sexual harassment as outlined in the Act. "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," the court noted.

"Such behaviour is punishable under Section 12." Justice Nagaprasanna further explained that the accusations against the teacher align with the legal definitions of sexual harassment, making it impossible to dismiss the case at this stage. "The evidence presented, including the complaint, the teacher’s statements during the investigation, and the forensic report, clearly establish a prima facie case," the court said.

The case was initiated after a complaint was lodged via a helpline operated by the state social welfare department, which oversees such residential schools. The court emphasised that the teacher must face trial, concluding that allowing the petition at this stage would be tantamount to condoning his actions. "The fact that the petitioner is a teacher makes this offence particularly reprehensible," Justice Nagaprasanna remarked. "The alleged actions are not just illegal, they are morally indefensible." The court ruled that the teacher must face a full trial.

ABOUT THE AUTHOR
Yamini C S
Yamini CS is a Senior Content Producer at Hindustan Times with nearly six years of experience in digital journalism. She is part of the India News desk, where she works on a wide range of stories cutting across civic issues, city-based developments, politics, governance, public policy, breaking news, trending topics, and international affairs that have an impact on India. Her role involves tracking fast-moving developments, verifying information from official and on-ground sources, and presenting news in a clear, accessible format for a digital-first audience. A significant part of her work includes handling live blogs during major news events, such as elections, court verdicts, political developments, civic disruptions, protests, weather-related alerts, and unfolding national or international incidents. Through live coverage, she focuses on timely updates to help readers follow complex stories as they evolve. Before moving to the broader India News desk, Yamini was associated with the Bengaluru desk at Hindustan Times, where she extensively covered urban governance, infrastructure, traffic and transport issues, weather events, public grievances, and civic administration in the city. This experience strengthened her grounding in city reporting and sharpened her focus on citizen-centric journalism. She began her career as a correspondent with Reuters after completing a postgraduate diploma in journalism from the Indian Institute of Journalism and New Media. Her early training instilled a strong emphasis on accuracy, sourcing, and news ethics, which continue to shape her reporting style. Outside of work, Yamini enjoys reading across genres, listening to music, and spending time with her family, which help her maintain balance in a fast-paced newsroom environment.Read More

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