By Shaurya Mahajan

In a petition seeking quashing of an FIR registered under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the Karnataka High Court, presided by Justice M. Nagaprasanna, refused to quash the proceedings against a school teacher accused of recording videos and taking photos of girl students while they were changing clothes. The Court deemed the alleged offense as “unpardonable” and particularly egregious, given the petitioner’s role as a teacher. The petitioner, a drawing teacher at Murarji Desai Residential School, Kolar, was accused of committing the offense on December 15, 2023. He denied the allegations, claiming his mobile phone was seized immediately after the complaint was lodged and argued that there were procedural lapses, such as non-compliance with Section 65-B of the Evidence Act regarding the electronic evidence.

The State countered these claims, highlighting that the petitioner had five mobile phones, each containing nearly 1,000 images and several hundred videos. The Court found this highly suspicious and emphasized that only a thorough investigation or full trial could reveal the truth behind the teacher’s possession of such devices and their contents. The Court held that dismissing the case at this stage would effectively reward the petitioner’s alleged illegal activities. It further stated that the seriousness of the offense, especially from a person in a position of trust, warranted a full investigation. The case is now set to proceed to trial.

[Case Name – Muniyappa v. State of Karnataka, Citation: 2024 SCC OnLine Kar 78].

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