The Supreme Court strongly criticized the Kerala High Court for dismissing a serious case of sexual harassment against a computer teacher who allegedly harassed 52 students, mostly girls, in a government-aided school.
The top court said the High Court acted with "insensitivity" by quashing the FIR. A bench of Justices Surya Kant and N. Kotiswar Singh restored the criminal case based on a plea filed by four of the affected students. The Court said it was wrong for the High Court to carry out a “mini-trial” and judge the case before it even went to trial.
“We are disappointed with the manner in which the High Court has acted in an insensitive manner, ignoring the fact that the accused was a teacher and the victims his students,” the Supreme Court observed.
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The Court noted that statements made by the victims clearly showed that a trial should take place under the POCSO Act. The High Court wrongly assumed that Section 7 of the Act only applies if there is physical contact with sexual intent. The Court said the High Court had pre-judged the case and did not give the victims a fair chance to testify.
“This case is a glaring example of victimization of the victims… the High Court jumped to conclusions without letting the victims testify,” the bench stated.
Another serious concern raised by the Court was the minority background of many victims, which may have made it harder for them to speak out due to social pressures.
“It’s very disturbing that most of the victims targeted are from minority communities… probably thinking social barriers would stop them from disclosing,” Justice Kant remarked.
Shockingly, the accused had tried to quash the case after claiming he had “settled” the matter with one of the victims. The Court also pointed out that not all victims’ statements were recorded by the police, suggesting the accused may have had some influence.
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The Supreme Court has now directed the lower court to proceed with the trial. It ordered that victims be treated as protected witnesses, their statements be recorded first, and the accused must not contact them.
The teacher will remain suspended during the trial. The school can conduct a separate internal enquiry.
The allegations included inappropriate touching, asking vulgar questions, and even sending obscene photos to parents, thinking they were the students’ WhatsApp numbers.
Earlier, the High Court had dropped the charges claiming the incidents didn’t show sexual intent, even though statements and evidence were on record. This was challenged in the Supreme Court, which has now reversed that decision.
“Most disturbing is that the High Court is virtually running a mini-trial… then what are trial courts for?” Justice Kant said.
The case will now go to trial, and the victims will get a proper chance to speak.
Case Title: X Versus RAJESH KUMAR AND ORS., SLP(Crl) No. 12563-12566/2022
