By Kawanpreet Kaur

The Himachal Pradesh High Court refused to quash FIR against a school teacher for touching with sexual intent and commenting on the attire of female students as both constitute an offence under Section 7 of the POCSO Act. It was alleged that a complaint was received by the principal of the Government Senior Secondary School in District Sirmour against a physics teacher for sexual harassment. The police investigation revealed that 21 female students had issues with the accused’s behavior. Around 20 girls reported that the accused made inappropriate comments and touched them on their backs and cheeks and made them uncomfortable. Consequently, the accused was arrested, and the police filed a charge sheet for offences under Section 354-A of IPC and Section 10 of the POCSO Act. The accused approached the court for quashing the FIR and claimed that he had worked in the school for 22 years and had received many awards. Further, he claimed that he had been falsely accused of committing the offence of sexual harassment and even if the allegations were true, no offense was established. The Court held that the acts done by the accused constitute an offence under Section 7 of the POCSO Act, which provides punishment for physical contact with a minor with sexual intent. Sexual intent could be inferred from the physical touch and the word uttered by him. Therefore, a prima facie commission of offence is established under the POCSO Act and the FIR cannot be quashed. (Rakesh Kumar Bansal vs State of HP & Ors.- Cr. MMO No. 825 of 2023)

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