A special POCSO court in Greater Noida has sentenced a former swimming pool lifeguard to imprisonment “till the last day of his natural life” for the 2018 sexual assault of a three-year-old nursery student at a reputed school chain’s campus.
The court also declared the school’s management financially liable for failing to protect the child and ordered two investigating officers to stand trial for allegedly abetting the crime, Times of India reported.
Judge Vijay Kumar Himanshu of the additional district and sessions court-cum-special POCSO court handed Chandidas, the convict, a double life term — one under Section 376AB of the Indian Penal Code and another under Section 5(m) of the POCSO Act (aggravated penetrative sexual assault on a child under 12).
He also received a separate seven-year sentence under Section 9(f), read with Section 10 of the POCSO Act, for abusing his position as a school employee. The court imposed a fine of ₹24,000 on him.
The court ordered the school’s managing society to pay ₹10 lakh in compensation to the survivor within a month, as directed by the National Legal Services Authority, to aid in her rehabilitation.
Incident during swimming class in 2018
According to court records, the assault took place on July 12, 2018, during a swimming session at the school’s splash pool. The child informed her class teacher about the incident and later complained of stomach pain after returning home.
She subsequently told her mother that the “swimming pool uncle” had touched her private parts. A medical examination at Delhi’s Guru Teg Bahadur Hospital confirmed penetrative sexual assault.
An FIR was lodged the next day at Surajpur police station, and Chandidas was arrested from the school principal’s office. Special public prosecutor (POCSO) Chhavanpal Singh told the court that the prosecution presented 12 witnesses along with 14 documentary and electronic exhibits, arguing for the harshest possible sentence not only for the convict but also for the school, which he said had “failed to act as a custodian of its students.”
The defence countered that the child’s family had a personal grudge against the school and had “tutored” her to make false allegations, claiming the charges were unsupported by medical evidence.
School’s “connivance” and police’s “defective” probe
The court rejected the defence’s claims, finding the survivor’s statements to police, a magistrate, and during trial to be consistent and credible, and corroborated by the medical findings. The testimony of her parents further supported her account.
In its judgment, the court termed the school management a “joint tortfeasor,” noting that its “attempt to suppress and influence the machinery is clearly apparent and palpable, which cannot be done without the active connivance of the school management society.”
It said the school management was “vicariously liable” for lapses that caused additional trauma to the survivor and her family.
Judge Himanshu also criticised the roles of investigating officers Sita Singh and Rashmi Chaudhary, accusing them of conducting a “defective and motivated investigation” to shield the principal and class teacher.
The court said, “There is sufficient evidence available on record to show that to shield the co-accused, the principal and class teacher, both the IOs conducted defective and motivated investigation. Therefore, through deliberate and intentional omission in discharge of duty, they have abetted the offence of sexual assault amounting to rape against the child.”
Both officers were declared co-accused under Section 17 of the POCSO Act and will now face trial.
(With inputs from ToI)
The court also declared the school’s management financially liable for failing to protect the child and ordered two investigating officers to stand trial for allegedly abetting the crime, Times of India reported.
Judge Vijay Kumar Himanshu of the additional district and sessions court-cum-special POCSO court handed Chandidas, the convict, a double life term — one under Section 376AB of the Indian Penal Code and another under Section 5(m) of the POCSO Act (aggravated penetrative sexual assault on a child under 12).
He also received a separate seven-year sentence under Section 9(f), read with Section 10 of the POCSO Act, for abusing his position as a school employee. The court imposed a fine of ₹24,000 on him.
The court ordered the school’s managing society to pay ₹10 lakh in compensation to the survivor within a month, as directed by the National Legal Services Authority, to aid in her rehabilitation.
Incident during swimming class in 2018
According to court records, the assault took place on July 12, 2018, during a swimming session at the school’s splash pool. The child informed her class teacher about the incident and later complained of stomach pain after returning home.
She subsequently told her mother that the “swimming pool uncle” had touched her private parts. A medical examination at Delhi’s Guru Teg Bahadur Hospital confirmed penetrative sexual assault.
An FIR was lodged the next day at Surajpur police station, and Chandidas was arrested from the school principal’s office. Special public prosecutor (POCSO) Chhavanpal Singh told the court that the prosecution presented 12 witnesses along with 14 documentary and electronic exhibits, arguing for the harshest possible sentence not only for the convict but also for the school, which he said had “failed to act as a custodian of its students.”
The defence countered that the child’s family had a personal grudge against the school and had “tutored” her to make false allegations, claiming the charges were unsupported by medical evidence.
School’s “connivance” and police’s “defective” probe
The court rejected the defence’s claims, finding the survivor’s statements to police, a magistrate, and during trial to be consistent and credible, and corroborated by the medical findings. The testimony of her parents further supported her account.
In its judgment, the court termed the school management a “joint tortfeasor,” noting that its “attempt to suppress and influence the machinery is clearly apparent and palpable, which cannot be done without the active connivance of the school management society.”
It said the school management was “vicariously liable” for lapses that caused additional trauma to the survivor and her family.
Judge Himanshu also criticised the roles of investigating officers Sita Singh and Rashmi Chaudhary, accusing them of conducting a “defective and motivated investigation” to shield the principal and class teacher.
The court said, “There is sufficient evidence available on record to show that to shield the co-accused, the principal and class teacher, both the IOs conducted defective and motivated investigation. Therefore, through deliberate and intentional omission in discharge of duty, they have abetted the offence of sexual assault amounting to rape against the child.”
Both officers were declared co-accused under Section 17 of the POCSO Act and will now face trial.
(With inputs from ToI)
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