Dehradun POCSO Court Acquits Mussoorie School Teacher in Swiss Student Case
A special POCSO court in Dehradun has acquitted a teacher from a Mussoorie boarding school who was accused of sexually assaulting a Swiss Class 12 student in June 2022. The court ruled that the prosecution failed to prove the charges beyond reasonable doubt, leading to the teacher's exoneration.
Court Cites Insufficient Evidence and Retracted Statement
The court, presided over by the additional district judge (POCSO Act), examined documentary evidence and witness testimonies before delivering its verdict. It held that the material on record did not substantiate the allegations to the degree required in a criminal trial, granting the benefit of doubt to the accused.
The charges included violations under IPC section 354, which pertains to assault or criminal force to a woman with intent to outrage her modesty, and POCSO Act section 9D, concerning aggravated sexual assault.
Background of the Case and Key Testimonies
The Swiss student had enrolled at the Mussoorie school in February 2022 to learn the Tibetan language and culture, staying until July 15. Her birth certificate indicated she was three months short of turning 18 at the time of the alleged incident, bringing the matter under the POCSO Act.
During the trial, the girl's local guardian, her aunt, testified that the school contacted her after the student was caught smoking and informed her of their intention to terminate her enrollment. The aunt added that after the girl returned to Switzerland, neither she nor her family maintained contact.
Investigating officer sub-inspector Pinky Panwar told the court that she took the girl to record her statement under Section 164 of the Code of Criminal Procedure (CrPC) before a magistrate. In that statement, the girl reportedly said she was afraid of being terminated and had lied, clarifying that the teacher never touched her.
Court Observations and Final Ruling
The court observed that the girl was the best witness to the incident, but her testimony could not be recorded during the trial because she had left the country and did not return to depose. In the absence of her examination and based on the available evidence, the court acquitted the teacher of all offences under the IPC and POCSO Act.
The teacher was arrested by police following the allegations in June 2022 and secured bail 14 days later while the investigation continued. The acquittal marks the conclusion of this high-profile case, highlighting the challenges in prosecuting such matters when key evidence is lacking or retracted.
