The said criminal petition was filed under Section 439 OF Cr.P.C for the offence punishable under Sections 8 (Punishment for sexual assault.) and 12 (Punishment for sexual harassment) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 . A single-judge bench of Justice H.P. Sandesh heard the parties.
FACTS OF THE CASE
The facts of the case of the prosecution are that the petitioner is a PT teacher and he misbehaved with a student who is studying in 10th standard, and he had indulged in the same act when she was in 8th and 9th standard also. When the victim girl was unable to tolerate the act of the petitioner, a complaint was given to the Principal of the school and in pursuance of the said complaint, the Principal of the school had lodged the police complaint
CONTENTIONS OF THE PETITIONER
The petitioner is aged about 55 years and the complaint discloses that there was a delay in lodging the complaint and delay could lead to falsifications of facts. The Counsel also stated that no such complaint was filed earlier, and the investigation had already been completed and the petitioner had been in custody for the last two months. The utmost penalty for the said crime is five years and consequently, he may be enlarged on bail subject to conditions.
CONTENTIONS BY THE GOVERNMENT PLEADER
The complainant immediately had not lodged the complaint. When the victim girl was brought to the notice of her friends, the friends told her to complain to the Principal, and accordingly the complaint is lodged and 164 statement of the victim were also recorded before the Court wherein she has reiterated the very act of the petitioner.
ORDER OF COURT
While taking note of the punishment provided for the said offense, the court opined that the punishment provided is for a period of an utmost five years and the petitioner has been in custody for the last two months. An investigation has already been completed and a chargesheet is also filed, hence there was no reason to hold a custodial trial, and should be taken up in trial.
Hence, the Hon’ble Court found it appropriate to exercise the powers under Section 439 of Cr.P.C. with conditions.
Thus, the court granted bail to the personal bond of Rs 2 lakh with two sureties for the like amount. The court also imposed certain other conditions on the accused.
Vaishali Jain, Advocate & Associate – POSH at Work & Hamda Arfeen