Excelsior Correspondent
JAMMU, Aug 9: Principal Sessions Judge Doda Amarjeet Singh Langeh today rejected the pre-arrest bail plea of teacher Satish Kumar involved in POCSO case.
“The evidence collected by investigating agency till date which includes statement of victim under Section 164 of CrPC and the statements of teachers of school concerned 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”, the court said.
“Evidence also indicates that petitioner also offered his mobile number to victim student imploring upon her to get engaged in conversation with him. It is also part of evidence that when complainant brought the matter to the notice of school authorities, petitioner admitted his guilt before three school teachers. The act of the teacher 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”, the court said.
“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 these 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 FIR”, the court said.
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