HC upholds verdict against teacher for outraging modesty of studenT

The single judge of the Bombay High Court, Mr Justice R M S Khandeparker today dismissed the appeal filed by the accused, Maloji Patil, who was convicted for outraging the modesty of a girl student by the Children’s Court.
The Children’s Court had earlier convicted the accused and sentenced him to 3 months simple imprisonment under Sections 354 and 509 of the IPC.
The court had also sentenced him to simple imprisonment of 3 months and fine of Rs 2,000 under Section 8(2) of Children’s Act for sexual assault.
The High Court while dismissing the appeal filed by the accused also allowed the appeal filed by the state for enhancing the fine under Section 8(2) of the Children’s Act, 2003 from Rs 2,000 to Rs 1 lakh.
The public prosecutor, Mr C A Ferreira brought to the notice of the court that there was no discretion given to the trial court to reduce the fine amount as the Act imposed a flat penalty of Rs 1 lakh leaving no scope for exercise of the discretion.
The court has further observed that Section 8(2) of the Children’s Act contemplates a fine of Rs 1 lakh for sexual assault and Rs 2 lakh in case of grave sexual assault leaving no scope for discretion whereas the fine amount may extend to Rs 2 lakh only in case of incest.
A complaint was filed by the father of the girl student that Maloji Patil, a primary school teacher at Malpan, Sattari outraged the modesty and sexually abused the victim girl, who was studying in Std III in the same school.
The court held that the testimony of the complainant, the victim girl and the other students who have deposed before the court is clear and cogent to the date and the place where the incident of assault took place.
Navhind Times Panaji, March 14 NT Legal Correspondent