Chennai: Madras high court has refused to quash a Pocso case registered against a school headmaster charged with failing to report the sexual abuse of a student. The headmaster is the guardian of the entire school and he must promptly report the crime to the jurisdictional police, Justice P Velmurugan said.
"If any incident covered under the Pocso Act takes place, it must be immediately reported either to the district child protection officer or to the police concerned. In this case, the petitioner, who was the headmaster at the time of the occurrence, neither informed the authorities concerned about the sexual assault committed by the other accused nor took any action against them," the judge said. Therefore, the court is not inclined to quash the chargesheet filed against him, the judge stated.
The court passed the order while dismissing a plea moved by Aathimoolam. According to the petitioner, the incident occurred in 2018, while the complaint was filed only in 2022.
As a headmaster, he did not receive any oral or written complaint from the girl. Though his name was not included in the FIR, it was included in the chargesheet, he said. Relying on a judgment of Kerala high court, the petitioner wanted the court to quash the chargesheet.
Refusing to concur with the submissions, Justice Velmurugan said in Pocso cases, each case has its own merits. At the stage of FIR or chargesheet, the court cannot rely on any material, and it has to be testified by way of trial. Directing the police to file a report on any recommendation made to the school education department against the headmaster, the court adjourned the hearing to Dec 16.
Chennai: Madras high court has refused to quash a Pocso case registered against a school headmaster charged with failing to report the sexual abuse of a student. The headmaster is the guardian of the entire school and he must promptly report the crime to the jurisdictional police, Justice P Velmurugan said.
"If any incident covered under the Pocso Act takes place, it must be immediately reported either to the district child protection officer or to the police concerned. In this case, the petitioner, who was the headmaster at the time of the occurrence, neither informed the authorities concerned about the sexual assault committed by the other accused nor took any action against them," the judge said. Therefore, the court is not inclined to quash the chargesheet filed against him, the judge stated.
The court passed the order while dismissing a plea moved by Aathimoolam. According to the petitioner, the incident occurred in 2018, while the complaint was filed only in 2022.
As a headmaster, he did not receive any oral or written complaint from the girl. Though his name was not included in the FIR, it was included in the chargesheet, he said. Relying on a judgment of Kerala high court, the petitioner wanted the court to quash the chargesheet.
Refusing to concur with the submissions, Justice Velmurugan said in Pocso cases, each case has its own merits. At the stage of FIR or chargesheet, the court cannot rely on any material, and it has to be testified by way of trial. Directing the police to file a report on any recommendation made to the school education department against the headmaster, the court adjourned the hearing to Dec 16.