Pocso case: Proceedings against Indian Institute of Science assistant prof to continue
Bengaluru: The high court has refused to quash legal proceedings against an assistant professor at the
Indian Institute of Science
(IISc), Bengaluru, who is facing trial under the Protection of Children from Sexual Offences (Pocso) Act.
The case stems from an incident on Sept 30, 2018, during a birthday party of the accused's daughter. It is alleged that during a 'Ghost House' game held in a dark room, the professor inappropriately touched a 10-year-old girl who was among the guests. Following a complaint from the child's father, Jalahalli police filed a chargesheet against him.
The accused has denied the allegations, claiming that he merely stepped in to control the children's play.
He argued that the complaint was lodged to harass him and cited several procedural flaws in the investigation. These included the similarity of witness statements, alleged irregularities in the court's cognisance of the case, the absence of a medical examination of the child, and inordinate delays in the trial process.
However, the additional state public prosecutor countered that around eight children had come forward with similar accounts of inappropriate conduct by the accused, underscoring the need for a full trial.
A
fter reviewing the case materials, Justice M Nagaprasanna acknowledged the uniformity in the witness statements recorded under Section 164 of the Criminal Procedure Code. Yet, he held that even a single credible account is sufficient to warrant a trial under the Pocso Act. He also stated that the lack of medical examination does not invalidate the prosecution's case if other substantial evidence is available.
The court underlined that Sections 7 and 8 of the Act define sexual assault as involving inappropriate touching of a child's private parts. It concluded that, if proven, the allegations against the accused would fall squarely within these legal provisions. The court added that the consistency in witness statements is an issue to be addressed during the trial, not a valid reason for dismissing the case at the pre-trial stage.
Given that the matter has been pending since 2018, the high court directed the trial court to expedite the case and complete proceedings within three months.
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