New Delhi, Aug 13 Educational institutions must ensure children are encouraged to speak about any conduct causing them fear or insecurity, the Delhi High Court has said while upholding the five-year imprisonment of a school teacher for sexually assaulting a girl student.
The high court said a child reposes trust and confidence in a teacher and such trust is sacred to the teacher-student relationship and carries with it a corresponding duty to protect the minor, rather than to abuse or breach the 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.
The high court's verdict came while dismissing an appeal of a drawing teacher who was convicted by a trial court for subjecting the 12-year-old girl student to an inappropriate conduct in the school premises on several occasions. An FIR was lodged against the teacher in August 2016.
He was convicted and sentenced to five years imprisonment along with Rs 2,000 fine by a trial court here for the offences of aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act and outraging the modesty of a woman and sexual harassment under the Indian Penal Code (IPC).
The court also termed as "disturbing" the conduct attributed to a co-accused, who despite being the principal of the school, 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 is of the view that educational institutions must, instead, ensure that children are made aware of their rights and are encouraged to speak about any conduct which causes them fear, discomfort or insecurity," it said.
The court added that school environment must inspire sufficient confidence in children, both girls and boys, to come forward and place their concerns before the persons entrusted with their care.
The convict, in his appeal, claimed that there were serious contradictions in the testimony of the victim girl.
The high court noted that the trial court has considered the discrepancies and has rightly found them to be minor in nature.
It said on an overall appreciation of the evidence, the court finds that the testimony of the girl was consistent on material particulars and inspires confidence.
