Supreme Court on POCSO: ‘PASCO’ case cannot be settled amicably; The Supreme Court annulled the decision of the High Court

New Delhi :A teacher who molested a Dalit minor student will now face trial. In this 2022 case, the Rajasthan High Court had struck out the case based on an agreement between the two parties.

Now the Supreme Court has annulled this decision as wrong. In 2022, a government school teacher in Gangapur town tehsil of Sawai Madhopur district of Rajasthan was accused of molesting a 16-year-old minor student. Police registered an FIR under IPC Section 354 and POCSO Act on the complaint of the victim’s father, but the accused teacher Vimal Kumar Gupta was not arrested.

Teacher accused of molesting 16-year-old minor student

During the hearing, the Supreme Court converted the petition filed under Section 32 into an appeal filed under Section 136. Now a bench of Justices CT Ravikumar and Sanjay Kumar has decided on this. The judge rejected the Rajasthan High Court’s order and reinstated the FIR. In such a situation, now the accused teacher will have to face the case in the lower court.

The accused had handed over the agreement signed with the victim’s family on a Rs 500 stamp to the police. It has been written that a case has been filed against the teacher on behalf of the victim due to misunderstanding. No action is required against the teacher. Based on that, the police filed a final report in the local court to close the case. But the lower court rejected it. After this, the accused approached the High Court. The High Court quashed the FIR using Section 482 CrPC. The High Court accepted that the sections under which the case is filed are non-compoundable, i.e. non-compoundable, but based on an old judgment of the Supreme Court, the High Court said that on the facts of the case, the offense is admissible.

The decision was not challenged by the Rajasthan government or the victim’s family

This decision has not been challenged by the Rajasthan government or the victim’s family. Ramji Lal Bairwa and Jagdish Prasad Gurjar of Talwada village in Gangapur city approached the Supreme Court against this. He told the court that he was not directly involved in the matter but that the Supreme Court had the status of guardian of the law and the constitution. Therefore, he considered it necessary to present the matter before the Supreme Court.

Daily Ratnagiri Khabardar
ISO 9001:2015 certified
(RNI No. Mahmar/2013/57411)
Official Register Newspaper
16:29 07-11-2024