So Horrendous: Karnataka HC Refuses To Quash FIR Against Madarasa Trustee For Not Reporting Alleged Sexual Assault Of Minor By Two Teachers

The Karnataka High Court has refused to quash case registered against founder trustee of a Madarasa who did not report to the police about the alleged incident of unnatural sexual assault committed by two Madarasa teachers on a minor boy. 

The court observed that the offences alleged against the accused was "so horrendous" that the petitioner should have reported it immediately when it came to his knowledge adding that he "failed" to report the alleged offence. 

Justice M Nagaprasanna dismissed the petition filed by Mohammed Aamir Raza who is the trustee of Manik Mastan Madarasa and charged for offences punishable under Sections 17(Punishment for abetment) and 21 (Punishment for failure to report or record a case) of Protection of Children from Sexual Offences Act, 2012 and Section 506 (criminal intimidation) r/w Section 34 of the Indian Penal Code.

It said, “If the statement of the victim is noticed, it would clearly indicate both the offences being met against the petitioner and he has undoubtedly failed to report the offence. The failure would undoubtedly attract punishment under Section 21 of the Act albeit, prima facie.”

Further it held, “The offences alleged against accused Nos. 1 and 2 are so horrendous and heinous that the petitioner ought to have reported it, the moment he gets knowledge of it. Whether he knew or not cannot be decided in a petition under Section 482 of the Cr.P.C. It is a matter of evidence, as Section 164 Cr.P.C., statement of the victim runs completely contrary to the defence of the petitioner.”

As per the prosecution case, the minor boy aged about 11 years, son of the complainant, was studying at the Madarasa. Four months prior to registration of the complaint between June 2023 to September 29, 2023, the teachers in the Madarasa allegedly committed unnatural sexual assault. As the boy resisted going back to Madarasa, the complainant on inquiry came to know about the assault.

Following which he registered the police complaint. The police, after investigation, filed a chargesheet against the accused.

The petitioner contended that acts done by accused Nos. 1 and 2 who are teachers in the Madarasa are undoubtedly unpardonable. However, he did not know what had happened and once he came to know he also fought for registration of crime. Therefore, no proceedings should be permitted to be continued against him.

The prosecution opposed the plea saying the petitioner was well aware of what was happening or what had happened in the Madarasa. In spite of this he did not inform the police. The non-information has led the victim being harassed repeatedly by accused Nos. 1 and 2, the teachers.

Findings

The court went through the complaint and the chargesheet filed by the police and referred to the relevant provisions. It then observed, “It is in public domain that several cases of heinous offences committed under the Act go unnoticed due to the lack of information, as it is suppressed by the concerned. But, the fact is that, the victims who are subjected to such assault, by the accused, except in justifiable cases, get away by lack of reporting. Therefore, non-reporting snowballs into a serious offence.”

Referring to Apex court judgment in the case of JUST RIGHTS FOR CHILDREN ALLIANCE v. S. Harish wherein the court considered the cases of non-reporting of offences under the Act and directed strict compliance of Section 19 of the Act.

The bench said “Reporting of offences under the Act requires strict compliance failing which, the offender committing the offence arising out of rape or sexual abuse on a child, will get away from the clutches of law, which would defeat the very object of promulgation of the Act, as the provision is one of those steps towards preventive measures of child abuses. Therefore, responsibility to report is cast on all stake holders.”

Following which it held “If the facts in the case at hand are noticed, the non-reporting becomes a serious offence, as the offences against the principal offenders-the teachers, are so dreadful that its repetition would send a chilling effect on the psyche of the Society.”

Accordingly it dismissed the petition.

Case Title: Mohammed Aamir Raza AND State of Karnataka & ANR

Counsel For Petitioner: Advocate Tejas N

Counsel for State: HCGP Harish Ganapathy

Citation No: 2024 LiveLaw (Kar) 505.

Case No: CRIMINAL PETITION NO. 12392 OF 2024

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