Kohima Bench Affirms Conviction of Teacher for Assaulting Minor Under the Pretext of Medical Examination
The Gauhati High Court, Kohima Bench, has upheld the conviction of Om Prakash Sah, a teacher, for sexually harassing a minor girl under the guise of conducting a medical examination. The court, presided over by Justice Pranjal Das, dismissed the appeal filed by Sah against the judgment of the Special Judge (POCSO), Mon, Nagaland, which sentenced him to one year, one month, and three weeks imprisonment.
The case, which has drawn significant public attention, involved Sah, a science teacher at GMS Chaoha Chingnyu, who was accused of exploiting a minor girl by using a stethoscope as a pretext for inappropriate touching. The incident came to light when the victim's mother lodged a complaint, leading to the arrest and subsequent trial of the accused.
The court examined the victim's testimony, which was corroborated by her mother and cousin brother, alongside other circumstantial evidence. The victim recounted how the teacher made her expose her body and touched her inappropriately, actions which the court deemed as sexual harassment under Section 354A(1)(i) of the Indian Penal Code (IPC) and Section 12 of the Protection of Children from Sexual Offences (POCSO) Act.
The defense argued that the use of a stethoscope was not illegal and that the acts did not meet the criteria for sexual harassment. However, the court found these arguments unconvincing, noting that Sah was not medically qualified and that the stethoscope was used merely as a pretext to exploit the victim.
Justice Das highlighted that the testimony of the victim was consistent and corroborated by additional evidence, dismissing the claims of the defense regarding the absence of physical injuries as irrelevant to the charges of sexual harassment. The court also noted that the stethoscope was not in working condition, reinforcing the argument that it was a mere tool for exploitation.
The judgment emphasized the seriousness of the crime, particularly given the teacher's position of authority and trust. It underscored the need for stringent punishment for offenses involving sexual harassment of minors, thereby affirming the lower court's decision to convict and sentence Sah under the relevant sections of the IPC and POCSO Act.
The court's decision serves as a stern reminder of the legal system's commitment to protecting minors from sexual offenses and upholding justice in cases of abuse of power and trust by individuals in positions of authority.
Bottom line:-
Sexual harassment of a minor girl by a teacher under the pretext of medical examination using a stethoscope constitutes an offence under Section 354A(1)(i) IPC and Section 12 of the POCSO Act. Conviction upheld as acts involved unwelcome and explicit sexual overtures with sexual intent.
Statutory provision(s): Section 354A(1)(i) IPC, Section 12 of the POCSO Act, Section 313 CrPC, Section 8 of the POCSO Act, Section 11 of the POCSO Act
Om Prakash Sah v. State of Nagaland, (Gauhati)(Kohima Bench) : Law Finder Doc id # 2944477
