The Gujarat High Court recent declined to grant bail to a teacher, accused of sexually assaulted a minor girl student [Nihar Ranjitbhai Barad vs State of Gujarat]..In his 12-page order, single-judge Justice Samir Dave expressed shock at the amicable settlement between the parties, as highlighted by the accused, who further pointed out that the victim's parents too have no objection to him getting bail."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 and 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 judge underscored.The judge invoked the well-known shloka - 'Guru Brahma Gurur Vishnu Guru Devo Maheshwaraha Guru Saakshat Para Brahma Tasmai Sree Gurave Namaha'. This would mean Guru is verily the representative of Brahma, Vishnu and Shiva and he creates, sustains knowledge and destroys the weeds of ignorance, the bench explained.The Court said that children being the future of our nation, need special protection from such offences. "The hope of tomorrow rests on the children. But unfortunately, in our country, a girl child is in a very vulnerable position. There are different modes of her exploitation, including sexual assault and/or sexual abuse. 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 and need greater care and protection whether in the urban or rural areas," Justice Dave observed in his order passed on November 30.In such cases, responsibility on the shoulders of courts to provide proper legal protection to these children is more onerous, the Court opined.A minor who is subjected to sexual abuse, the Court said, needs to be protected even more than a major victim."A major victim being an adult may still be able to withstand the social rationalization and mental harassment meted out by society, but a minor victim will find it difficult to do so. Most crimes against minor victims are not even reported as very often, the perpetrator of the crime is a member of the family of the victim or a close friend. Therefore, the child needs extra protection," the judge observed..In the present case, the single-judge noted that the accused was not a layperson but a teacher, which is the only career that influences other professions. "It has the power to influence young people’s future for the benefit of future generations. The teacher is expected to act a protector. Such heinous acts by the accused 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 Court underscored.The victim was barely a 12 years old and the teacher instead of showing fatherly love and protection to the child, made her a victim of his lust. "It is a case where trust has been betrayed and social values are impaired. Therefore, the accused as such does not deserve any sympathy and/or any leniency," the Court observed..It further referred to the statement of objects and reasons of the Protection of Children from Sexual Offences Act and said even the Articles 15 and 39 of the Constitution of India, provide protection of children from the offences of sexual assault and sexual harassment. "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 to a person who has committed the offence under the POCSO Act," the Court said.By awarding a suitable punishment commensurate with the act of sexual assault, the court said that a message must be conveyed to the society at large that, if anybody commits any offence under the POCSO Act of sexual assault, sexual harassment or use of children for pornographic purposes they shall be punished suitably and no leniency shall be shown to them. "Cases of sexual assault or sexual harassment on the children are instances of perverse lust for sex where even innocent children are not spared in pursuit of such debased sexual pleasure," the bench observed.With these observations, the bench dismissed the bail plea..Advocate AJ Yagnik appeared for the accused.Advocate Param R Buch appeared for the complainant.Additional Public Prosecutor CM Shah represented the State..[Read Judgment]
The Gujarat High Court recent declined to grant bail to a teacher, accused of sexually assaulted a minor girl student [Nihar Ranjitbhai Barad vs State of Gujarat]..In his 12-page order, single-judge Justice Samir Dave expressed shock at the amicable settlement between the parties, as highlighted by the accused, who further pointed out that the victim's parents too have no objection to him getting bail."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 and 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 judge underscored.The judge invoked the well-known shloka - 'Guru Brahma Gurur Vishnu Guru Devo Maheshwaraha Guru Saakshat Para Brahma Tasmai Sree Gurave Namaha'. This would mean Guru is verily the representative of Brahma, Vishnu and Shiva and he creates, sustains knowledge and destroys the weeds of ignorance, the bench explained.The Court said that children being the future of our nation, need special protection from such offences. "The hope of tomorrow rests on the children. But unfortunately, in our country, a girl child is in a very vulnerable position. There are different modes of her exploitation, including sexual assault and/or sexual abuse. 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 and need greater care and protection whether in the urban or rural areas," Justice Dave observed in his order passed on November 30.In such cases, responsibility on the shoulders of courts to provide proper legal protection to these children is more onerous, the Court opined.A minor who is subjected to sexual abuse, the Court said, needs to be protected even more than a major victim."A major victim being an adult may still be able to withstand the social rationalization and mental harassment meted out by society, but a minor victim will find it difficult to do so. Most crimes against minor victims are not even reported as very often, the perpetrator of the crime is a member of the family of the victim or a close friend. Therefore, the child needs extra protection," the judge observed..In the present case, the single-judge noted that the accused was not a layperson but a teacher, which is the only career that influences other professions. "It has the power to influence young people’s future for the benefit of future generations. The teacher is expected to act a protector. Such heinous acts by the accused 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 Court underscored.The victim was barely a 12 years old and the teacher instead of showing fatherly love and protection to the child, made her a victim of his lust. "It is a case where trust has been betrayed and social values are impaired. Therefore, the accused as such does not deserve any sympathy and/or any leniency," the Court observed..It further referred to the statement of objects and reasons of the Protection of Children from Sexual Offences Act and said even the Articles 15 and 39 of the Constitution of India, provide protection of children from the offences of sexual assault and sexual harassment. "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 to a person who has committed the offence under the POCSO Act," the Court said.By awarding a suitable punishment commensurate with the act of sexual assault, the court said that a message must be conveyed to the society at large that, if anybody commits any offence under the POCSO Act of sexual assault, sexual harassment or use of children for pornographic purposes they shall be punished suitably and no leniency shall be shown to them. "Cases of sexual assault or sexual harassment on the children are instances of perverse lust for sex where even innocent children are not spared in pursuit of such debased sexual pleasure," the bench observed.With these observations, the bench dismissed the bail plea..Advocate AJ Yagnik appeared for the accused.Advocate Param R Buch appeared for the complainant.Additional Public Prosecutor CM Shah represented the State..[Read Judgment]
