The Kerala High Court affirmed the order passed by the Fast Track Special Court (POCSO), Kunnamkulam, convicting a madrassa teacher for sexually assaulting his student.

The accused was charged under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015, for sexually assaulting a 9-year-old student who had visited him at his residence to clear doubts regarding an online examination at the madrassa during the COVID-19 period.

The Special Court had found him guilty of all charges and had sentenced him to 20 years of imprisonment. The accused moved the High Court against this order, claiming that false charges were laid against him by persons of another sect in the Muslim community. 

The prosecutor contended that there was no evidence to support the argument of the accused and, more importantly, there were no material contradictions in the evidence given by the survivor. 

No contradiction

A Bench of Justice A. Badharudeen considered the question of guilt under the offences charged against the accused and the Special Court’s order. The court held that there was no contradiction to be found in the survivor’s statement; it was ‘wholly reliable’ and supported by other evidence given before the court. 

Further, the court rejected the claim that sectarianism in the Muslim community led to the charges against the accused, reasoning that there was no convincing evidence to back up the argument. 

The court, in conclusion, stated that the order of the Special Court needed no interference and confirmed the conviction made by it.