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SC issues notice on school teacher’s plea against conviction in sexual assault of student – New Delhi News

A bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh stated: “Applications for exemption from filing c/c of the impugned judgment and official translation are allowed. Learned counsel for the petitioner contends that the statement of the victim under Section 164 of CrPC is not substantive evidence but that alone has been used to convict the petitioner when all the witnesses have turned hostile.”

It added, “Issue notice on the Special Leave Petition as well as on the prayer for bail.”

The trial court docket had convicted the petitioner for the offences underneath POCSO Act and Section 506(i) of the IPC and sentenced him to seven years’ imprisonment. The accused challenged the trial court docket order in the excessive court docket, which upheld his conviction and sentence in October final yr.

The prosecution had argued that the accused was a instructor in the sufferer’s school. In 2019, it was alleged that the accused, throughout lunch break, took the sufferer to a abandoned lane near the school constructing and dedicated sexual assault.

The accused had argued earlier than the court docket that the sufferer’s assertion underneath Section 164 of the Code of Criminal Procedure 1973 can’t be thought-about as strong proof to convict him.

The excessive court docket famous that in this matter, the sufferer claimed the accused took her to a lane and dedicated the sexual assault, which was not penetrative.

In October final yr, the excessive court docket, in a separate matter, had reversed the acquittal of a school instructor in Puducherry, by a trial court docket, going through fees of sexually assaulting a minor student.

The excessive court docket had sentenced the accused to 10 years’ rigorous imprisonment together with a wonderful of Rs 10,000.

“The victim, being a child, who was only about four years at the time of the incident, cannot speak about the occurrence in all the stages by parrot version. It cannot be expected from the victim that she should remember all the incidents and the acts of the accused,” the excessive court docket had famous in this matter.

Disclaimer: This story is auto-aggregated by a pc program and has not been created or edited by FreshersLIVE.Publisher : IANS-Media

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