The Madras High Court has remaked that Head Master is the guardian of the entire school and must immediately report any incident covered under POCSO Act either to the District Child Protection Officer or to the Police concerned.

The Court was considering a petition filed seeking to quash the case under POCSO Act.

The single-bench of Justice P. Velmurugan observed, "The Head Master is the guardian of the entire school. If any incident covered under POCSO Act has taken place, the same has to be immediately intimated either to the District Child Protection Officer or to the Police concerned whereas, in this case, the petitioner who was the Head Master of the School at the time of occurrence, neither informed about the sexual assault committed by the other accused to the authorities concerned nor taken any action against them."

The Petitioner was represented by Advocate P.Krishnamoorthy while the respondent was represented by Additional Public Prosecutor Mr.S.Sugendran.

The Counsel for the Petitioner submitted that the petitioner was working as a Head Master of the school in which the victim girl was studying. He submitted that though he was not named in the FIR, subsequently, after investigation, his name was included in the charge sheet and he was arrayed as A3 for the offence under Section 21(2) of POCSO Act for not reporting the crime to the authorities concerned. He submitted that no oral or written complaint was received from the victim girl and after a period of 3 years, the complaint was lodged. He also averred that there was a delay in filing the charge sheet and the same was not explained.

The Court noted that initially the petitioner was not shown as an accused in the FIR, the subsequent materials revealed that the petitioner is also involved in the crime of offence and therefore, he has been impleaded in this case as A3 for the offence under Section 21(2) of POCSO Act. It observed that the Head Master failed to oblige to his duty to report the incident and since there is a prima facie allegation against the petitioner, the chargesheet cannot be quashed.

The Petition was accordingly dismissed.

Cause Title: Aathimoolam vs. State Rep. by The Inspector of Police

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Madras High CourtPOCSOPOCSO CasePOCSO Act

Sheetal Joon