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| Court rejects pe-arrest bail of Teacher in POCSO case | | | Early Times Report
Jammu, Aug 9: Principal Sessions Judge Doda Amarjeet Singh Langeh rejected the pre-arrested bail plea of teacher involved in POCSO case.
While rejecting pre-arrest bail plea of Satish Kumar who is teacher by profession, Principal Sessions Judge Doda Amarjeet Singh Langeh observed that The evidence collected by investigating agency till date which includes statement of victim under section 164 of Cr.P.C and the statements of teachers of school concerned as aforesaid - would prima facie indicate that petitioner was deputed as examiner in practical examination of 12th class where victim student appeared for practical examination during which petitioner not only touched her inappropriately but also molested her.
Evidence also indicates that petitioner also offered his mobile number to victim student imploring upon her to get engaged in conversation with him on said number.
It is also part of evidence that when complainant brought the matter to the notice of school authorities, petitioner admitted his guilt before aforesaid three school teachers.
These circumstances therefore, prima facie show that being a teacher, deputed as examiner in practical examination, petitioner committed sexual assault on victim student in a room of examination hall and this act therefore prima facie falls within the ambit of offence of "aggravated sexual assault" under section 9 of POCSO Act punishable under section 10 of same Act with punishment which shall not be less than five years.
This is in addition to prima facie commission of offence by petitioner under section 354 of IPC.
The act attributed to petitioner therefore has only demeaned nobility of profession of teacher and teacher student relationship. The embarrassment and trauma that victim may have suffered on account of aforesaid circumstances - is a rational and valid reason for delay in registration of FIR which on facts cannot help petitioner to escape consequences arising out of aforesaid FIR.
This apart, in light of section 29 of POCSO Act- presumption has to be drawn that petitioner committed offence under section 9 of the act supra which is punishable under section 10 of the same. This is also a circumstance which goes against petitioner more particularly when he seeks bail in anticipation of arrest. JNF |
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