Supreme Court quashes POCSO case against teacher, rules corporal punishment without sexual intent is not sexual assault
The Supreme Court has quashed criminal proceedings against a Geography teacher accused of sexually assaulting minor girl students under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). A Division Bench comprising Justices Ujjal Bhuyan and Atul S. Chandurkar held that inappropriate physical conduct or corporal punishment, without requisite sexual intent, cannot justify prosecution under the POCSO Act's stringent provisions.
The teacher at Loknathpur High School in Alipurduar, West Bengal, was accused of beating two Class X students and touching their backs, waists and neck while teaching. An FIR was registered under Section 10 of POCSO Act following a District Child Protection Unit report. The Calcutta High Court had dismissed the teacher's plea to quash proceedings.
The Court noted that while teachers must exercise greater sensitivity with young students, particularly girls, the provisions of POCSO Act require sexual intent for prosecution. Continuing the proceedings would amount to abuse of process and cause extreme prejudice to the accused, the bench ruled.
