Delhi HC upholds teacher's jail term for sexually assaulting minor in school

Educational institutions must ensure children are aware of their rights and are encouraged to speak about any conduct that causes them fear, discomfort or insecurity, the Delhi High Court has said while upholding the five-year imprisonment of a school teacher for sexually assaulting a 12-year-old girl student.

The high court said a child places trust and confidence in a teacher, and such trust is sacred to the teacher-student relationship. It carries a corresponding duty on the teacher to protect the minor rather than abuse or breach that trust.

"The abuse of such position, particularly against a young girl of an age comparable to that of the teacher's own daughter, is a matter of grave concern and cannot be treated as a mere breach of discipline or propriety," Justice Madhu Jain said in a judgment passed on Wednesday, 12 August.

The court was dismissing an appeal by a drawing teacher who was convicted by a trial court for subjecting the girl to inappropriate conduct on the school premises on several occasions. An FIR was registered against him in August 2016.

The teacher was convicted and sentenced to five years' imprisonment and fined Rs 2,000 by the trial court for aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act and offences under the Indian Penal Code (IPC) relating to outraging the modesty of a woman and sexual harassment.

The high court also termed "disturbing" the conduct attributed to a co-accused, who was the school's principal and was stated to have told the child that such matters should not be disclosed to her parents.

"A child who complains of such conduct ought not to be made to feel that she has done something wrong by speaking about it," the court said.

It said educational institutions must instead ensure that children are made aware of their rights and encouraged to speak about any conduct that causes them fear, discomfort or insecurity.

The court added that the school environment must inspire sufficient confidence in children, both girls and boys, to come forward and place their concerns before those entrusted with their care.

The teacher, in his appeal, had claimed there were serious contradictions in the girl's testimony.

The high court, however, noted that the trial court had considered the discrepancies and had rightly found them to be minor.

"On an overall appreciation of the evidence, the court finds that the testimony of the girl was consistent on material particulars and inspires confidence," the high court said.

With PTI inputs