Gujarat High Court quashes POCSO case against school officials accused of slapping student, threatening to leak video of her adjusting skirt

The Gujarat High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act (POCSO Act) against a school teacher, a principal and others, stating that mere harsh treatment like slapping or ousting a child from the class would not come within the ambit of 'sexual assault' under the POCSO Act [Sujata Suraj Bhatia v. State of Gujarat]..Justice Niral Mehta noted that the teachers and principal of a school in Surat's Laldarwaja were accused of slapping a girl student, using bad language against her and threatening to show a video of her adjusting her skirt to other students and parents. The judge, however, said that though the accused acted harshly, there was no 'sexual intention' on their part."If we consider the complaint, there is no allegation whatsoever in nature against the present petitioners that they have extended misappropriate / bad touch to the victim. Its plain reading would prima facie, suggest that the management of the school have extended harsh treatment to the child under the guise of disciplinary issues. However, although the said conduct on the part of the school management is said to be harsh and disproportionate, but, certainly, cannot be said to be falling within the four corners of the provisions of the POCSO Act," the judge observed in the order passed on November 8..Even if the entire complaint is accepted as it is, it would not show any sexual intention on the part of the accused, the Court said."Thus, the basic ingredient i.e. sexual intention is completely missing from the entire complaint. Although explanation appended to Section 11 of the POCSO Act clarifies that the “sexual intention” is a question of fact, but, at the same time, in my view, the said fact has to be averred in the complaint so that in trial, the necessary evidence to that effect can be led," the judge added..The Bench was hearing a plea filed by the school teachers and principal challenging the summons and proceedings initiated against them by a sessions court under Sections 7 and 11 of the POCSO Act, which pertain to sexual harassment.During the hearing, the accused did not press for quashing the first information report (FIR) registered against them on allegations of outraging modesty of the girl child by stalking her.The accused highlighted the fact that the child in question often resorted to misbehaviour in classrooms and as disciplinary action, she was punished. It was claimed that the parents kept filing false cases against the school management for some or the other reason..The Court was of the view that the sessions judge had issued summons in the case without properly applying his mind to the facts of the case."The Sessions Judge appears to have not applied its judicious mind and issued summons in a mechanical manner. In my view, when the basic ingredients under the provisions of the POCSO Act do not exist, the Sessions Judge should not have issued the summons in such a casual manner, which would amount to harassment to the person, who is summoned and put on trial for such a serious offence," the judge held.Therefore, the Court quashed the proceedings under the POCSO Act and maintained the case against the accused for offences under the Indian Penal Code (IPC)..Senior Advocate RS Sanjanwala along with Advocate Tarak Damani appeared for the accused.Advocate PV Patadiya appeared for the complainant.Additional Public Prosecutor Moxa Thakkar represented the State..[Read Judgment]