Kerala Court Convicts 59-Year-Old Tuition Teacher For Unnatural Offences And Sexually Assaulting 12-Year-Old

Special Judge, Jaya Prabhu of the Fast Track Special Court-II, Thrissur convicted the accused for a total of 97 years under Sections 323 (punishment for voluntarily causing hurt), 377 (unnatural offences), 506 (punishment for criminal intimidation) of IPC, Sections 3 (penetrative sexual assault), 4 (punishment for penetrative sexual assault), 5 (aggravated penetrative sexual assault), 6 (punishment for aggravated penetrative sexual assault), 9 (aggravated sexual assault), 10 (punishment for aggravated sexual assault) of the POCSO Act and Section 75 (punishment for cruelty to child) of the Juvenile Justice Act where the substantive sentences shall run concurrently. The Special Court also ordered the accused to pay rupees 5,61,00 as a fine and in default of the fine he would have to undergo a sentence of imprisonment of five years and four months.

The victim minor boy who used to come to study for tuition classes at the house of the accused was sexually assaulted and subjected to unnatural crimes by threatening and beating him. The case was registered against the accused when the minor boy informed his mother about the incidents of sexual assault.

The Special Court convicted the accused by relying upon the statement of the minor boy.

“The evidence of minor victim shows there is no material contradiction or omissions in his evidence and he categorically deposed with regard to the alleged incident. The First Information Statement and further statement given by him also corroborates with his evidence. In cases involving sexual assault we cannot expect independent of occurrence witnesses to prove the allegations.”, the Special Court stated.

It noted that the prosecution was also able to prove that the minor victim went to the house of the accused to attend tuition classes and that the accused held a position of trust and authority.

The Special Court observed that unnatural sexual act with a minor, with or without consent, would attract the offence under Section 377 of the IPC.

The Special Court found that the accused who was a tuition teacher committed inhuman acts on the minor boy who was aged only 12 years and that he deserves no leniency.

“Moreover, the accused was acted as tuition teacher of minor. A teacher is an authority to impart knowledge and mould his students into responsible and decorous citizens and they are role model to the society. The said authority was misused by the accused for committing such a heinous crime. Thus the act of accused is not deserving any leniency.”

It noted that children below the age of 12 years are the most vulnerable group and the very intent of the special act is to prevent sexual assault and sexual harassment against children. It found that the impact of sexual assault would be damaging, and its impacts would be lifelong. On this finding also, the Court stated that the accused deserved no leniency.

Case title: State of Kerala v Babu N G

Case number: Sessions Case No. 495/2022

Counsel for the complainant: Special Public Prosecutor Sunitha K A

Counsel for the accused: Advocate A M Shajan