The Supreme Court has quashed criminal proceedings against a West Bengal school teacher who was facing prosecution under Section 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, after two minor students alleged that he had hit them and touched them during classes.
A Bench of Justice Ujjal Bhuyan and Justices Atul S. Chandurkar passed the order on September 8, 2026, allowing the teacher's appeal and setting aside the Calcutta High Court's earlier refusal to quash the case.
Background of the Case
Bhaskar Paul, a Geography teacher at Loknathpur High School in Alipurduar, was named in FIR No.187/2025 registered at Samuktala Police Station under Section 10 of the POCSO Act. The case later became Special Case No.83 of 2025 before the Special Court at Alipurduar.
The proceedings followed complaints by two girl students. According to the enquiry report, the students said the teacher had beaten them when they were inattentive or had not completed their lessons. They also described touching on their backs and waist and an incident involving the neck of one student.
The students' statements before the Magistrate, however, primarily described the teacher hitting them with his hand when they could not answer questions. One student also stated that he punched her waist, while the other said that he had held her hand.
Supreme Court's Observation
The Supreme Court examined Section 10 along with Sections 7 and 9(f) of the POCSO Act. Section 10 concerns aggravated sexual assault, while Section 7 requires sexual intent along with the specified physical contact or another act involving physical contact.
The Court found that the teacher's conduct could not be viewed as appropriate, particularly his use of corporal punishment and lack of sensitivity while dealing with girl students. However, it held that the material before it did not establish the ingredients required for prosecution under Section 10.
"The conduct of the appellant as a teacher may not be appropriate, particularly resorting to corporal punishment and also showing lack of sensitivity while dealing with girl students, however from a careful reading of the statements of the two girl students, certainly it cannot be said that he has committed a sexual offence contemplated under Section 10 of the POCSO Act."
The Court also noted the delay in lodging the FIR and observed that statements of the Headmaster and lady teachers were hearsay in nature.
Decision
The Supreme Court held that allowing the prosecution to continue would amount to an abuse of the process of law and cause extreme prejudice to the appellant.
It therefore set aside the Calcutta High Court's April 27, 2026 order and quashed the entire proceedings in Special Case No.83 of 2025 arising from Samuktala Police Station Case No.187/2025.
The criminal appeal was allowed and Bhaskar Paul was set at liberty.
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