Headmaster Guardian Of Entire School, Must Immediately Intimate Authorities Of Incidents Under POCSO Act: Madras HC Refuses To Quash Proceedings

Justice P Velmurugan observed as under,

“The Head Master is the guardian of the entire school. If any incident covered under POCSO Act has taken place, the same has to be immediately intimated either to the District Child Protection Officer or to the Police concerned,” the court said.

The court was hearing the petition filed by the Headmaster seeking to quash the case registered against him under the POCSO Act. The Headmaster argued that he had been charged under Section 21(2) of the POCSO Act for not reporting the crime to the authorities concerned and was subsequently named in the FIR. He submitted that the incident happened in 2018, while he was working as the Headmaster and no oral or written complaint was received from the victim girl. The petitioner further submitted that after a delay of 3 years, the complaint was registered in the year 2022 and there was also a delay in filing the chargesheet which had not been explained.

Though the petitioner relied on a decision of the Kerala High Court, the court was not inclined to accept the same and noted that in POCSO cases, each case had to be looked into in its own merits. The court added that at the stage pf FIR or chargesheet, it could not look into the materials that had to be testified by way of the trial.

The court noted that in the present case, the petitioner, being the headmaster of the school had failed to inform the incident of sexual assault and failed to take any action against the accused persons. Thus, noting that there was prima facie allegation against him, the court was not inclined to quash the petition.

While dismissing the petition, the court also directed the police to file a report on whether any recommendations had been sent to the Education Department to initiate departmental proceedings against the petitioner or whether any other action had been initiated against the petitioner.

Counsel for the Petitioner: Mr. P.Krishnamoorthy

Counsel for the Respondent: Mr. S.Sugendran Additional Public Prosecutor

Citation: 2024 LiveLaw (Mad) 471

Case Title: Aathimoolam v State and Another

Case No: Crl.O.P.No.29194 of 2024