HC Upholds Conviction Of Seminary Teacher For Sexual Assault On Minor Boy  

Reduces sentence by one year,  but makes no change in fine  

Srinagar, Oct 9: The High Court of J&K and Ladakh on Wednesday upheld a verdict by Fast Track Court for POCSO cases here, convicting a seminary teacher for sexual assault on a 12-year-old boy in November 2021 but reduced his sentenced to simple imprisonment for six years instead of seven years.  However a bench of Justice Rajnesh Oswal said that the Rs 25000 fine imposed on the teacher, Shabir Ahmad Naik of Ramban, shall remain unchanged.
According to the prosecution, the case—FIR No.107 /2021 U/S 10, 18 of POCSO Act—had been registered following a complaint by the father of victim that his son had been sexually assaulted by a teacher in a seminary who called him to his room on 10 p.m. in November 2021.

“This Court has gone through the judgment passed by the learned trial court (Fast Track Court for POCSO cases). The learned trial court has very meticulously dealt with the issues and has rightly arrived at a conclusion in respect of guilt of the appellant (teacher),” the High Court observed, adding, “In fact, in view of cogent and reliable evidence led by the prosecution, there was only one course available before the learned trial court and that was to convict the appellant.”
The Court observed that the teacher, who was providing religious education to the children, has not only committed an offence under the POCSO Act but also has shattered the confidence which a student poses in his teacher.
“Though the appellant (teacher) deserves no sympathy as he has committed a heinous offence but equally true is that he is not having criminal antecedents, therefore, this court is of the considered view that the sentence of 7 years imprisonment awarded to the appellant deserves to be reduced to simple imprisonment for six (6) years, to secure the ends of justice,” the court said, adding, “…the order of sentence dated 07.06.2024 passed by the Fast Track Court for POCSO Cases, Srinagar, is modified to the extent that instead of simple imprisonment for 7 years, the appellant shall undergo simple imprisonment for 6 years. The fine component of the sentence shall remain the same.”