Acquittal upheld due to lack of cogent evidence establishing sexual harassment and wrongful confinement.

The respondent, a Headmaster at Government Pre Middle School, Kodema, was accused of arriving at the school in an intoxicated state on July 20, 2019.

It was alleged that he used obscene language and sexual remarks toward female students, confined them in a room, and struck the door from the outside

Following an inquiry by the District Child Welfare Officer, a complaint was lodged on July 27, 2019, leading to an FIR and subsequent charge-sheet under the IPC and POCSO Act

The trial court (Additional Sessions Judge, Gariyaband) acquitted the respondent on April 9, 2021

The State subsequently preferred this appeal under Section 378 of the CrPC questioning the legality of the acquittal

1. Whether the prosecution presented cogent and reliable evidence to establish the respondent's guilt under Sections 294, 342, 354-A(iv), and 509 of the IPC and Section 12 of the POCSO Act.

2. Whether the trial court committed any illegality or impropriety in acquitting the respondent.

The Court considered Section 378 of the Code of Criminal Procedure, 1973, regarding appeals against acquittal

It applied the penal provisions of the Indian Penal Code, specifically Section 294 (obscene acts/songs), Section 342 (wrongful confinement), Section 354-A(iv) (making sexually colored remarks), and Section 509 (word, gesture or act intended to insult the modesty of a woman)

Furthermore, the court referred to Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, which defines punishment for sexual harassment of a child

The Court analyzed the testimonies of the prosecution witnesses and found significant contradictions and a lack of supporting evidence.

While PW-4 and PW-5 alleged that the respondent referred to students as "girlfriends" and used the phrase "I love you," both witnesses admitted during cross-examination that the respondent was concerned about their academic progress and did not use "ill words"

Although PW-9 alleged threats of rape, the Court noted this was neither part of the original prosecution case nor supported by other witnesses

Regarding the charge of wrongful confinement, PW-11 testified that the students had locked themselves in the room while someone else knocked from the outside

Several witnesses (PW-8, 11, and 12) turned hostile

Crucially, the Court observed that no witness provided evidence that the respondent was intoxicated or used obscene words on the date of the alleged incident

Consequently, the Court determined that the prosecution failed to provide the "cogent and reliable evidence" necessary to overturn an acquittal

The Court found the appeal to be devoid of merit and dismissed it, thereby affirming the judgment of acquittal passed by the Additional Sessions Judge Fast Track Special Court (POCSO and Rape Matters), Gariyaband