"Courageous Testimonies: Upholding Justice"

Ramesh Ratan Jadhav v. State of Maharashtra & Ors.:

The Bombay High Court has upheld the conviction of a primary school teacher accused of sexually assaulting three young students in their classroom. The case highlights the vulnerabilities children face and the crucial role of the judiciary in upholding justice and safeguarding the welfare of minors. The court's meticulous scrutiny of evidence, implications for educational policies, and broader societal implications of the verdict underscore the gravity of the charges and the judiciary's role in safeguarding the rights and safety of children in educational settings. This blog delves into the case details, examining the court's findings, the implications for child safety measures in schools, and the broader societal impact of such judicial pronouncements.

Facts of the Case:

In a deeply disturbing case, a primary school teacher was accused and convicted of sexually assaulting three young students in his classroom, a betrayal of the profound trust placed in educators. Following the initial conviction by a lower court, the teacher appealed to the Bombay High Court. The court meticulously reviewed the evidence, including the consistent and credible testimonies of the victims, corroborative medical reports, and supporting witness statements. Despite the teacher's challenge to the credibility of the evidence, the High Court upheld the conviction, emphasizing the severity of the breach of trust and   the underscores the judiciary's commitment to justice for vulnerable victims and the necessity for stringent safeguarding measures in schools.

Argument in this case:

The Bombay High Court has upheld the conviction of a primary school teacher from Ratnagiri for sexually assaulting three students in grades one and two. The teacher had been working at the school for 14 years and faced an incident in December 2021 when he distributed uniforms to the girls and inappropriately touched their private parts. The incident came to light when the girls were unwilling to attend school the next day. The families first complained to the village Sarpanch and lodged a complaint with the Education Department. An FIR was filed in January 2022, a fortnight after the incident. The defense argued that there was a delay of 15 days in filing the FIR, but the court found this to be rightly explained. The High Court noted that no interference was required with the trial court's order, and the teacher's conviction and five-year imprisonment were upheld. The court commended the victims' courage in reporting the offense and emphasized the importance of upholding faith in the judicial system.

Legal Provision used:

1. The Protection of Children from Sexual Offences (POCSO) Act, 2012:

• The POCSO Act specifically aims to protect children from sexual offenses.
• It presumes the absence of consent on the part of the victim in various circumstances, including rape by an individual in a position of authority, custodial rape, and rape by a relative, guardian, teacher, or person in a position of trust or control1.
• Aggravated sexual assault under the POCSO Act can result in rigorous imprisonment of up to 20 years, which may be extended to a life sentence

2. Supreme Court Ruling on Sexual Intent:

• In a significant ruling, the Supreme Court clarified that courts must consider the sexual intent rather than just skin-to-skin contact.

3. Indian Penal Code (IPC):

• The law criminalizes using force against women to 'outrage her modesty', allowing police to arrest without a warrant and punishing one to five years of imprisonment and a fine.
• Sexual harassment involves unwanted physical contact, sexual activity demands, suggestive remarks, and pornography. Workplace laws have separate laws, with three-year punishments for first three types and one-year for colored remarks.
• Peeping Toms is a voyeurism crime where a woman is observed engaging in private activities, with a potential sentence of one to three years imprisonment and a fine.

Court’s Decision:

The Bombay High Court of a single judge bench of Justice Kishor C Sant has upheld the conviction of a primary school teacher for sexually assaulting three students. The case was heard against the Ratnagiri Sessions Court order, which convicted the man under the POCSO Act. The prosecution alleged that the teacher made the girls lie down on a table and touched their chest and vagina. The FIR was registered on 24 November 2021, and the chargesheet was filed and the trial was conducted. The appellant's counsel argued that there was a 15-day delay in filing the FIR, and the mother of one victim did not file the complaint immediately. The Additional Public Prosecutor opposed the appeal, arguing that the delay was rightly explained and there was no question of witnesses being tutored. The bench agreed with the contentions of the Additional Public Prosecutor and the victims, stating that no interference was required with the trial court's order.

 

 

Authored By: Garima Sehrawat

Ideal Institute of Management and Technology and School of Law

 

 

Reference

1. The Legal Affair
2. India Today
3. Times of India
4. SSC Online
5. Live Law
6. Bar and Bench
7. Picture credit goes to the original owner/author