Karnataka HC Declines To Quash POCSO Case Against Teacher Who Allegedly Took Pictures/Videos Of Minor Girls While They Were Changing Clothes

The Karnataka High Court has refused to quash prosecution initiated against a drawing teacher of a private school, accused of recording videos and clicking photographs of minor girl students in the residential school when they were changing their dresses.

A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Muniyappa who is charged under Section 12 of the Protection of Children from Sexual Offences Act (POCSO).

It said, “If the complaint, the statements of the petitioner recorded during the investigation and the report of FSL are noticed, what would unmistakably emerge is, non-entertainment of the petition, as the offence against the petitioner is a shade more than being horrendous.”

The Joint Director of the Social Welfare Department had on 15-12-2023, received a complaint about the petitioner, following which a case was registered.

The petitioner claimed that he had not done anything wrong. It was stated that the police seized his mobile phones and then the crime came to be registered, thus it violated the law as the investigation had taken place before the registration of the crime.

The prosecution opposed the plea contending that the petitioner indulged in acts which would become an offence under Section 12 of the Act. It was stated that how he has taken the pictures/videos and stored them is a matter of evidence to be collected by the police.

It was argued that the petitioner was not cooperating with the investigation as one of the mobile phones which had the data was not being unlocked by him.

Court Findings:

The bench perused the material on record and said “If the complaint is noticed, it becomes unmistakably clear that the ingredients as obtained under Section 11 of the Act are undoubtedly present in the case at hand.”

Then it observed “What is shocking is that the petitioner has 5 mobile phones of different brands. All the mobile phones are seized and sent to FSL. Each of the mobile phones has close to 1000 images and several hundreds of videos. The petitioner is a drawing teacher. Why he is in possession of 5 mobile phones, and what are the videos and 11 pictures therein, are all a matter of investigation.”

It held that being a teacher, it was 'indecorous' on the part of the petitioner to have allegedly shot the videos and taken pictures of girl children when they were changing their dress, and the alleged offence is unpardonable, albeit prima facie.

"If this cannot become a crime, it is ununderstandable as to what else can be. It is for the petitioner to come out clean in a full blown trial, as any entertainment of the petition at this juncture, at the stage of registration of crime, would be putting a premium on the illegal activities of the petitioner/ teacher," the Court concluded.

Appearance: Senior Advocate S.P Kulkarni a/w Advocate Vasantkumar K M for Petitioner.

Additional SPP B.N Jagadesha for Respondent.

Citation No: 2024 LiveLaw (Kar) 400

Case Title: Muniyappa AND State of Karnataka

Case No: CRIMINAL PETITION No.2418 OF 2024

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