Karnataka HC Rejects Teacher’s Plea To Dismiss POSCO Case For Filming Minor Girl Student.
Last Updated on September 12, 2024 by NewsDesk SLC
The single judge bench of Justice M Nagaprasanna dismissed the petition against a drawing teacher accused under Section 12 of the Protection of Children from sexual offenses act( POCSO) of recording videos and taking of minor girls while changing.
On 15 December 2023, I received a complaint about the petitioner and claimed that he had not done anything wrong.
The petitioner argued that his mobile phones were seized by the police, violating the law as the investigation occurred before the crime was registered. The prosecution argued that the petitioner’s actions, including taking and storing the videos, were evidence.
Further, the respondent argued that the petitioner was not cooperating with the investigation as one of the mobile phones with the data was not being unlocked by him.
The court reviewed
the complaint and determined that the necessary conditions outlined under Section 11 of the Act were met in this case. The petitioner, a teacher specializing in drawing, was found to have five mobile phones containing close to 1,000 images and numerous videos. The court deemed the offense, which involved allegedly recording videos and taking photographs of the girl’s children. While they were changing clothes, it was extremely serious and unforgivable, at least on a preliminary basis. As a result, the court emphasized that a full trial was necessary for the petitioner to clear their name, as any consideration of the petition at this early stage could only serve to support the illegal actions of the teacher further.
Case Title: Muniyappa Vs. State of Karnataka