RAKESH KUMAR BANSAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of FIR No. 95 of 2023, dtd. 9/5/2023, registered under Sec. 354-A of IPC and Sec. 7 of the Protection of Children from Sexual Offences Act (POCSO Act) with Police Station Paonta Sahib, District Sirmour, H.P. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the Principal of Government Senior Secondary School received a complaint regarding the sexual harassment of a girl. The matter was referred to the Sexual Harassment Committee, which called the girl and her parents; however, they did not appear before the Committee and the Committee was unable to do anything. The matter involved the sexual harassment of a girl; therefore, a request was made to the police to take action as per law.

(3.) The police conducted the investigation and went to the school. The statement of the victim was recorded and the accused was arrested. The victim made a statement under Sec. 164 of Cr.P.C. The female students also mentioned their views against the accused. 21 girls had objected to the behaviour of the accused. The police recorded the statements of about 20 girls, who stated that the accused used to utter double-meaning words and touch the girls on their backs, cheeks etc. which made them uncomfortable. Hence, the challan was prepared and presented before the Court for the commission of offences punishable under Sec. 354-A of IPC and Sec. 10 of the POCSO Act.