Allahabad High Court Directs Investigation into Student Accusing Teacher of Conversion Attempt and Sexual Relations

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Synopsis

An inquiry committee found it was the student who obtained the teacher's number during a dance competition, created fake IDs to chat and even pressured her mentally

The Allahabad High Court recently granted a school principal protection from arrest and ordered no coercive action in response to an FIR filed by a student's father. The father alleged that his son was being coerced to convert to Christianity by a female teacher at the school who also pressured his son to establish sexual relations with her.

The division bench of Justices Arvind Singh Sangwan and Ram Manohar Narayan Mishra observed that the school principal was not mentioned in the FIR, and there were suspicions regarding the student's role in the matter.

The father of the class X student alleged that a female teacher at his son's school pressured him to engage in sexual relations and attempted to convert his son to Christianity. In the FIR, the father stated that he got to know about this while he was checking his son's phone. 

Subsequently, the accused persons shared this chat on social media without the child's permission, and it went viral on several news channels. Despite a complaint being filed with the Child Welfare Committee in Kanpur and a senior police officer, no action was taken, the father submitted. 

The counsel for the school principal submitted an inquiry report conducted at the principal's direction. The inquiry was carried out by three independent individuals: a retired PCS officer, a principal from another school, and a social worker.

The inquiry concluded that during a dance competition, the student obtained the female teacher's mobile number and subsequently used it to create fake IDs. He then used these fake IDs to engage in chats and put mental pressure on her.

The counsel for the principal alleged that when the matter was highlighted, the student started leveling allegation against the teacher. 

The inquiry report also concluded that, although the child is a minor, he is mentally strong and tends to dominate others, the counsel argued.

The high court noted that the Principal was not named in the FIR and there was no direct allegation against him. In fact, he acted on the complaint of the student's father by referring the matter to the inquiry committee, court highlighted. 

Furthermore, the court emphasized that "the child's role required investigation, as if the allegations in the inquiry report were found to be true, criminal prosecution could be initiated against both the student and his father."

Court directed the Commissioner of Police, Kanpur to transfer the investigation to cyber cell. "Which will submit a report if the child has created any fake account using mobile phone/I.D. of the lady teacher. The informant will hand over the original phone to the police," court ordered. 

Court sought counter affidavit from all the respondents within four weeks and listed the matter next on July 10, 2024.

In the meantime, court ordered that no coercive action be taken against the principal and he will not be arrested in the case.

Case Title: Principal St Aloysius High School Cantt Kanpur Nagar v. State Of Up And 2 Others