Court Observed No Direct Allegation Against Lecturer
Aatif Qayoom
Srinagar, May 14: A government lecturer from Sopore, arrested in connection with a POCSO case involving a student of Government Girls Higher Secondary School Sopore, has been granted bail by the Principal Sessions Court Baramulla after the court observed that the investigation had not brought any direct incriminating material against him.
The case was registered on April 13, 2026, after the Vice Principal of the school submitted a written complaint to Police Station Sopore alleging that a staff member had sexually harassed a Class 9 student inside the school premises.
Following the complaint, FIR No. 90/2026 was registered under Section 75 of the Bharatiya Nyaya Sanhita and provisions of the POCSO Act.
According to the police report placed before the court, a group of girl students had approached the school administration and alleged that the accused lecturer had inappropriately touched a student. Police later added Section 10 read with Section 9 of the POCSO Act, stating that the accused was a government teacher who had allegedly misused his official position.
Police said statements of several students were being recorded confidentially because of the sensitive nature of the allegations.
During the hearing, the court examined the case diary and noted that statements of 77 witnesses, including 75 minor girl students, had been recorded during the investigation. However, the court observed that none of the students had made any direct allegation against the lecturer. The order stated that all students had only said they had heard about the alleged incident from others.
The court also referred to the statement of the girl student reportedly linked to the incident. According to the order, the student told investigators that nothing inappropriate had happened with her. She reportedly stated that she was unwell on the day of the incident and had gone home. She also said that the accused lecturer had never behaved improperly with her.
The judge further noted that even the student who had allegedly led the group of complainants had admitted that she had only heard about the incident and had not personally seen any inappropriate act.
In a major development during the hearing, the investigating officer, SHO Sopore Inspector Ayaz Gul Geelani, informed the court that despite nearly one month of investigation, police had not been able to identify any actual victim who claimed to have been sexually harassed by the accused.
The defence counsel argued that the lecturer is a permanent resident of Sopore, a teacher by profession and father of two daughters. The defence said continued incarceration without any direct accusation would amount to pre-trial punishment.
While hearing the matter, the court observed that allegations concerning dignity and bodily integrity of children are grave and courts must deal with such cases sensitively. At the same time, the judge said the seriousness of allegations alone cannot override the settled principles governing bail.
The court said liberty of an individual cannot be curtailed merely on suspicion, conjecture or circulating allegations unsupported by direct material. It further observed that courts cannot be guided by emotions, public sentiment or moral outrage, but must rely on legally admissible material collected during investigation.
Holding that continued detention of the accused would not advance the cause of justice, the court granted bail with strict conditions. The lecturer has been barred from visiting the school or contacting students during the investigation. He has also been directed not to influence witnesses and not to leave Kashmir province without prior court permission.
