Kerala High Court Upholds Conviction of Madrasa Teacher in Child Sexual Assault Case

The Kerala High Court has confirmed the conviction of a madrasa teacher who was found guilty of sexually assaulting a nine-year-old student. The order was passed by Justice A. Badharudeen, who upheld the decision of the Fast Track Special Court (POCSO) in Kunnamkulam. The Special Court had sentenced the accused to 20 years of rigorous imprisonment.

The teacher was charged under the Indian Penal Code, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015. The case stems from an incident during the COVID-19 pandemic when the child visited the teacher’s residence to clear doubts regarding an online examination at the madrasa. The prosecution argued that the teacher exploited the situation to commit the offence.

The accused challenged the conviction in the High Court, claiming that the charges were fabricated by members of a different sect within the Muslim community due to sectarian conflicts. He sought to have the conviction overturned, asserting his innocence.

The prosecution opposed the appeal, contending that there was no credible evidence to support the sectarian claim. It highlighted that the survivor’s testimony was consistent, free of material contradictions, and supported by other evidence presented before the court. The High Court agreed, observing that the child’s statement was “wholly reliable” and formed a sound basis for conviction.

Justice Badharudeen rejected the sectarian defence, noting that the accused had failed to provide convincing proof. The court emphasised that in cases involving child witnesses, if the testimony is found to be credible, it alone can sustain a conviction. It found no reason to disbelieve the survivor’s account, which was corroborated by circumstantial evidence.

The High Court ruled that the trial court’s order required no interference. It reaffirmed that appellate courts should not lightly overturn findings of fact unless they are perverse or against the weight of evidence. The judgment underlined the importance of the POCSO Act, which provides a legal framework for the protection of children from sexual offences and ensures speedy trials through special courts.

The accused will continue to serve the 20-year sentence handed down by the Special Court. The decision brings a measure of closure to the case, though the convict retains the right to appeal to the Supreme Court. This verdict reinforces the judiciary’s commitment to upholding the rights of child survivors and ensuring that offenders are held accountable under the law.