Gujarat HC denies bail to teacher accused of sexually assaulting 12-yr-old student

The Gujarat High Court recently denied bail to a teacher, accused of sexually assaulting a minor girl student. Court refused to take into consideration the amicable settlement between the parties and no objection of the victim's parents to the accused's bail. 

Authoring the judgment, Justice Samir Dave referred to the very well-known shloka of Guru (teacher): 'Guru Brahma Gurur Vishnu Guru Devo Maheshwaraha Guru Saakshat Para Brahma Tasmai Sree Gurave Namaha'.

The judge said that the relationship between ‘Guru’ and ‘Disciples’ should be viewed very strictly. "The exploitation of children in such a manner (as in the present case) is a crime against humanity and society", he observed.

He noted that in the present matter, the victim was barely a 12 years girl and the accused was her teacher and instead of showing fatherly love, affection and protection to the child against the evils of society, he made her the 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", he opined. 

Therefore, the judge while stressing that an amicable settlement in cases like the present one is unwarranted and it amounts to hampering and tampering with the witness or evidence by the accused, dismissed the bail plea moved by the accused teacher. 

The FIR in the case was lodged by the mother of the minor. She alleged that on July 8, 2022, her daughter returned from school crying. When she enquired for the reason, her daughter told that in the classroom, one of her teachers had threatened her with a knife and moved his hands inappropriately on her private parts. 

The daughter(victim) also told her mother that the incident happened during recess time when the accused teacher namely Nihar Barad asked her and her classmate to decorate the classroom, however, he later asked the other girl to go outside for some work.

The mother, in the FIR, also stated that on the next day morning, when she went to the school to make a complaint to the principal of the school, she found out that the accused had been involved in such kind of molestation with other girls also.

Thereafter, a case was registered against the accused under Section 354A of IPC and under sections 10 and 18 of the POCSO Act.

Moving an application for regular bail before the high court, the counsel for the accused argued that the accused had been falsely implicated in the matter as the allegations in the FIR were incorrect and the FIR was lodged after a delay of 13 days.

He contended that the police authority only on the basis of the statement of the complainant registered the FIR without carrying out any preliminary inquiry into the matter.

However, the court opined that in crimes like this the accused deserves no leniency. "The teacher is expected to act as a protector. Such heinous acts by the accused would cast a lifelong psychological and emotional impact on the victim," it said. 

Case Title: Nihar Rajitbhai Barad v. State of Gujarat