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Judgment
Petitioner herein is the sole accused in Crime No.178 of
2017 of Nallalam Police Station for offences punishable under
section 376(f)(l) & (n) of the Indian Penal Code and sections 3(a)(b)
(d) r/w 4, 5(f)(k) and (l) r/w 6, 11(iii) r/w 12 of the Protection of
Children from Sexual Offences Act.
It was alleged by the prosecution that while working as a
teacher in a higher secondary school for physically impaired
students during the period June 2016 to 21.01.2017, petitioner
sexually abused the 13 year old physically challenged girl by
committing aggravated sexual assault on her. Crime was registered
on 16.03.2017 on the baiss of the complaint preferred by the
Headmaster of that school. Petitioner seeks bail.
Seeking bail, learned counsel for the petitioner
contended that crime was initiated at the instance of the
Headmaster, who did not disclose any of the crimes alleged now. It
was also stated that rather than initiating proceedings under the
law, Headmaster initiated disciplinary proceedings against the
teacher. On the other hand, learned Public Prosecutor submitted
that complaint was laid by the Headmaster on the basis of an oral
complaint given by the victim. It was only thereafter, further details
were disclosed. It was also stated that the Headmaster has now
been implicated for not informing the police for commission of
offence under the POCSO.
Having considered the nature of the allegations, the fact
that the victim is a 13 year old physically challenged girl and she
was harassed continuously for several days, I feel that this is not a
fit case for granting bail at this stage though the final report has
been laid. However, this will not preclude the petitioner herein
from seeking bail at the appropriate stage.
Bail application is dismissed.