Keep complaint box in schools for students to lodge sexual assault complaints without fear: Madras High Court upholds POCSO conviction of Pastor

The Madras High Court recently upheld the conviction of a pastor under the Protection of Children from Sexual Offences (POCSO) Act for the sexual assault of a 12-year-old student who was studying at CSI Hobert Girls Higher Secondary School, housed within the same campus as the residence of the accused pastor (S Jayaseelan v.The State). .While doing so, Justice P Velmurugan also observed that female students are often afraid to come forward with complaints of sexual assault against teachers or the management of the schools they study in, fearing that it may affect their future studies. ."This Court is of the opinion that normally female students would get fear in lodging complaint against the teacher or management of the school regarding sexual offences, considering their future of their studies. They will not reveal easily anything about the sexual assault to anyone in the Management of the School," noted the judgment..To allay such fears, the Court suggested the constitution of a committee and conduct of monthly inspections at schools. Further, the Court directed that complaint boxes be kept in all schools so that students who face sexual assault may come forward freely with complaints. .The Court recommended that the Tamil Nadu government constitute a committee in every school consisting of the Social Welfare Officer, the Secretary of the District Legal Services Authorities, a female Police Official not below the rank of District Superintendent of Police, the District Educational Officer, a female Psychiatrist and a Physician from the Government Hospital. .The District Educational Officer may inspect the school once in a month to receive grievances by female students with regard to sexual assault and to give such students the confidence to come forward and make a complaint against sexual offenders, who may be a teaching or non-teaching staff or even members of the school management, the Court proposed.."Further, it is directed to keep a Complaint Box at every School to make the victims to complain about the sexual assault freely and keys of the same should be under the control of the Secretary District Legal Services Authority. The Secretary, District Legal Services Authorities are directed to inspect the complaint box along with the District Social Welfare Officer once in a week and enquire into the same, if prima facie reveals any sexual offence, forward the same to the Station House Officers concerned to proceed further," the Court added..These directions were issued while dismissing an appeal moved by a pastor (appellant) of a CSI Church, who had been sentenced to five years' rigorous imprisonment under Sections 9 and 10 of the Protection of Children from Sexual Offences Act (POCSO ACT) in 2019 for sexually assaulting a 12-year-old student..The Court was told that the appellant had lured the victim student to his residence, while she was on her way to the school, under the pretext of telling her a story about Jesus. The child, an eighth grade student, was thereafter sexually assaulted by the appellant, it was submitted. The student went and narrated the ordeal immediately thereafter to her friend once she reached school. Later, she told her grandmother, who informed the girl's parents. A police complaint was registered shortly afterwards..The appellant contended that he was not in his residence at the time of the alleged incident, a version that was supported by his wife and son during the trial. He also alleged that there was some enmity stemming from Church elections, which had led his false implication in the case..The Court, however, noted that the appellant had failed to examine any of the independent witness to prove his defence of alibi and the alleged enmity..On the other hand, the Court found that the prosecution's case stood corroborated by the testimonies of the victim's classmate, her grandmother and her parents. The evidence of the victim was cogent and consistent, the Court noted. .The Court also observed that the fact that no medical examination of the victim was carried out is not fatal to the prosecution's case since this was not a case of penetrative sexual assault. .Justice Velmurugan concluded that the prosecution had proved its case, whereas the appellant had not rebutted the presumption of guilt of the accused under Section 29 of the POCSO Act.."The appellant, being a head of the Religious Institution, has committed the sexual assault on the victim child, who was aged about 12 years at the time of occurrence. Therefore, the act of the appellant comes under Section 9(f) punishable under Section 10 of the POCSO Act," the Court said. .Advocates Samuel Raja Pandian and MK Selvakumar appeared for the appellant, whereas government advocate (criminal side), TP Savitha appeared for the State..[Read Judgment]