The State v. Dr. B.Prabhuram

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRA/4/2021 IA No. CRAN/2/2021 The State ... Appellant Vs.

Dr. B. Prabhuram ... Respondent Ms. A.S. Zinu ... for the Appellant Mr. D. Ilango ...for the Respondent November 23, 2023 [M.A. Mobin] Item No.2 1.

Challenge in this appeal is to the judgement and order passed by learned Special Judge of POCSO Court, North & Middle Andaman, Mayabunder in Special (POCSO) S.T. No. 06 of 2018. By the impugned judgement learned Trial Court recorded an order of acquittal against the accused person Dr. B. Prabhuram.

2.

Heard Ms. A.S. Zinu, learned Counsel representing the Appellant/State and Mr. D. Ilango, learned Counsel representing the respondent.

3.

Briefly stated the victim set the criminal administration of justice into motion by informing SHO, Mayabunder that as a student of Mahatma Gandhi Govt. College, Mayabunder where accused person was a Principal-in-Charge, she was sexually harassed. The accused person used to comment on her figure. On the basis of information given by the victim Mayabunder PS FIR

No.29 of 2018 was registered on 20th February, 2018 under Section 11/12 of the POCSO Act, 2012. Police took up investigation which culminated into submission of charge sheet against the accused person.

4.

The accused pleaded his innocence to the charge framed against him under Section 12 of the POCSO Act and claimed to be tried.

5.

To bring home charges prosecution examined 12 witnesses. Learned Trial Court after considering the testimony of prosecution witnesses was pleased to record the order of acquittal.

6.

Assailing the impugned judgement Ms. Zinu, learned Counsel for the State submits that admittedly the victim was a child within the meaning of POCSO Act, 2012 and she was a student of Mahatma Gandhi Govt. College, Mayabunder. She was a student of B.A(Political Science). The accused person used to teach the students Public Administration, which was one of the subjects of the victim. It was alleged by the victim that she was subjected to sexual harassment by the accused person who not only used to praise her physical appearance, he also used to say that he did not feel good in absence of the victim. From the evidence on record, we find that allegedly such comment was made while the victim was in the chamber of the accused person and as I have already pointed out he was the Principal-in-Charge of the College. Testimony of PW-1 suggests that at the relevant point of time two persons were

present in the chamber of the accused person. PW-7 and PW-8 are those two persons who however did not support the victim.

7.

On the contrary we find that though the head of the Department of Political Science Shri Murthy the head of the Department, Political Science wanted to give some concession to the victim girl who had shortage of the attendance, the accused person refused to accede to such request. Consequently the victim was not allowed to sit in the examination for shortage of attendance and her stipend to the tune of Rs.1500/- was stopped. One interesting factor is required to be underscored, though it is the claim of the victim that the accused person used to make comment on her figure even allegedly made certain remarks that her absence made the accused person feel bad, such claim however remained uncorroborated. PW-7 and PW-8 did not support such claim, on the contrary it is found that the accused told the victim to introduce herself. 8.

In this conspectus I do not find any reason to disagree with the view expressed by the learned Trial Court, particularly when there is nothing to hold that judgement impugned is otherwise perverse.

9.

There is nothing to indicate that the view taken by the learned Trial Court is utterly improbable on the basis of attending facts and circumstances and evidence on record. I am not inclined to interfere with the judgement impugned to overturn the order of acquittal. The appeal is found to be

devoid of merit and is dismissed. Application if any stands disposed of.

10.

Urgent Certified Copy if applied therefor, may be supplied upon compliance of required formalities. (Siddhartha Roy Chowdhury, J.)