Karnataka HC refuses to quash FIR against teacher accused of filming minors changing clothes [Read Order]

Karnataka: The Karnataka High Court has dismissed a petition seeking to quash an FIR filed against a drawing teacher accused of recording videos and photographs of minor girl students while they were changing clothes at a residential school.

Justice M. Nagaprasanna heard a criminal petition filed by Muniyappa, a drawing teacher at Morarji Desai Residential School, challenging the FIR registered against him under Section 12 of the Protection of Children from Sexual Offences (POCSO) Act.

The court noted that the complaint alleged the accused had recorded videos and taken photographs of minor girl students while they were changing clothes. Upon investigation, five mobile phones were seized from the accused, each containing hundreds of videos and close to 1000 images.

Rejecting the petition, the court held, "If the complaint, the statements of the petitioner recorded during the investigation and the report of FSL are noticed, what would unmistakably emerge is, non-entertainment of the petition, as the offence against the petitioner is a shade more than being horrendous."

The court further observed, "More than horrendous, I say, for the reason that the petitioner is a teacher; being a teacher it is indecorous on the part of the petitioner to have allegedly shot the videos and taken pictures of girl children at the time when they are changing their dress, the alleged offence is unpardonable, albeit prima facie."

Expressing its view on the seriousness of the allegations, the court stated "If this cannot become a crime, it is ununderstandable as to what else can be. It is for the petitioner to come out clean in a full blown trial, as any entertainment of the petition at this juncture, at the stage of registration of crime, would be putting a premium on the illegal activities of the petitioner/ teacher."

In conclusion, the High Court dismissed the petition, finding no merit in the accused's plea to quash the FIR. The court emphasized that the accused must face a full trial to prove his innocence given the gravity of the allegations against him as a teacher entrusted with the care of minor students.

 [Read Order]