"Guru Brahma, Gurur Vishnu": Gujarat HC Invokes Sanskrit Shloka; Refuses Bail To Teacher Charged Under POCSO Act

Justice Samir J. Dave said:

"The accused is not a layman, but a teacher. The only career that influences other professions is teaching. It has the power to influence young people's future for the benefit of future generations. The teacher is expected to act as a protector. Such heinous acts would cast a lifelong psychological and emotional impact on the victim."

"Crimes like this by a person of trust, change the perception of a child to look forward towards life in a positive way. Therefore, the accused deserves no leniency. The accused instead of showing fatherly love, affection and protection to the child against the evils of the society, rather made her the victim of lust," added the High Court.

Justice Dave recited a Sanskrit Shloka relating to one's 'Guru' (teacher): "Guru Brahma, Gurur Vishnu; Guru Devo, Maheshwaraha; Guru Saakshat, Para Brahma; Tasmai Sree Gurave Namaha"

[Translation of the verse: "Guru is verily the representative of Brahma, Vishnu and Shiva. He creates, sustains knowledge and destroys the weeds of ignorance. I salute such a Guru."]

It was also brought to the High Court's notice that the complainant-parent had no objection to the bail plea as the matter was being amicably settled. In connection with this, the Court said:

"This Court is of the opinion that such practice is unwarranted when such a serious and heinous crime is committed and also it amounts to hampering/tampering with the witness or evidence by the accused. It is surprising that such a heinous crime, which affects the entire society and the relation between 'Guru' and 'Disciples' should be viewed very strictly."

The applicant had moved the Court under Section 439 of CrPC for the granting of regular bail in connection with the FIR registered against him for offences punishable under Section 354A of IPC and Sections 10 and 18 of the POCSO Act.

Prosecution's case was that the petitioner-accused held the victim at knife point and moved his hands inappropriately on her private parts during school recess.

The petitioner on the other hand claimed that he was falsely implicated in the case with a motive of extracting money from him. He contended that the FIR was lodged after delay of 13 days and there was no medical evidence to prove that the victim was subjected to sexual assault.

The State, however, contended that sufficient evidence existed against the applicant to prove his involvement in the alleged offence.

The High Court observed that POCSO Act was enacted since sexual offences against children were not adequately addressed by the existing laws. It said: "Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner and no leniency should be shown."

"Children are precious human resources of our country; they are the country's future. The hope of tomorrow rests on them. But unfortunately, in our country, a girl child is in a very vulnerable position. The exploitation of children in such a manner is a crime against humanity and the society. Therefore, the children and more particularly the girl child deserve full protection" – added the Court.

Case Title: Nihar Ranjitbhai Barad v. State of Gujarat

Citation: 2022 LiveLaw (Guj) 414

Coram: Justice Samir J. Dave

Click Here To Read/Download the Order