The Karnataka High Court recently refused to quash proceedings initiated against the trustee of a madrasa under POCSO for allegedly failing to report the abuse of a student by two teachers at the institution in Bengaluru.
The order, passed on December 2 by a bench of Justice M Nagaprasanna, was made available recently.
An 11-year-old student studying at the madrasa was allegedly assaulted multiple times in 2023 by the two teachers. When the student refused to go back to the madrasa, his father came to know about the abuse and filed a complaint. Apart from the accused teachers, the petitioner (trustee) in this High Court case was booked under sections of the Protection of Children from Sexual Offences Act related to abetment and failing to report a case.
The counsel for the accused trustee argued he did not know about the incident, and that he wanted the registration of crime once the matter came to light. The government counsel argued that he was aware of the occurrences, and the consequence of his not informing the abuse led to the repeated harassment of the victim by the accused teachers.
The bench noted that the victim had said he had informed the trustee and others but nobody acted on his complaint. The bench observed, “If the statement of the victim is noticed, it would clearly indicate both the offences being met against the petitioner and he has undoubtedly failed to report the offence. The failure would undoubtedly attract punishment under Section 21 of the Act albeit, prima facie. The offences alleged against accused No 1 and 2 are so horrendous and heinous that the petitioner ought to have reported it, the moment he gets knowledge of it. His defence is that he was not aware of it”.
“All the judgments of the Apex Court… would unmistakably direct that reporting of offences under the Act requires strict compliance failing which, the offender committing the offence arising out of rape or sexual abuse on a child, will get away from the clutches of law. If the facts in the case at hand are noticed, the non-reporting becomes a serious offence, as the offences against the principal offenders, the teachers, are so dreadful that its repetition would send a chilling effect on the psyche of the society.”
Justice Nagaprasanna then set aside the petition to quash the case.
