The Kerala High Court has recently confirmed the conviction and 20-year imprisonment of a madrasa teacher found guilty of sexually assaulting a nine-year-old student. This judgment was delivered in the case titled Rasheed v. State of Kerala. Justice A. Badharudeen dismissed the appeal by Rasheed, the accused, who had challenged the 2023 verdict rendered by the Special POCSO Court in Kunnamkulam. The lower court had found him guilty under the Protection of Children from Sexual Offences (POCSO) Act, 2012, Section 377 of the Indian Penal Code, 1860, and provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Justice A. Badharudeen upheld the lower court’s ruling, emphasizing the credibility of the child’s testimony, which was corroborated by substantial evidence. The case involved the sexual assault of a student from Noorul Hidaya Madrassa in Thrissur district. This incident occurred during the COVID-19 pandemic when the child sought the teacher’s help for exam-related queries during online classes. It was during this meeting that the accused allegedly committed the assault. The child informed his mother, leading to the registration of a criminal case and subsequent legal actions against the teacher.
The trial court initially sentenced Rasheed to 20 years of rigorous imprisonment for aggravated penetrative sexual assault under the POCSO Act. In his appeal to the High Court, Rasheed argued that the case was fabricated, allegedly driven by sectarian conflicts within the Muslim community. He also claimed that the trial court erred in relying solely on the child’s testimony.
However, the High Court found no basis for these claims. Justice Badharudeen noted that Rasheed failed to provide any evidence of false implication. The child’s testimony remained consistent and was supported by other witness accounts and surrounding circumstances. “The contention raised by the learned counsel for the appellant that PW1 is not a sterling witness is found to be unacceptable and is negatived. Similarly, sectarianism in the Muslim community led to registration of this crime also could not be found even remotely, as no convincing evidence forthcoming in this regard,” the court stated.
The appellant, Rasheed, was represented by a legal team including Advocates CP Udayabhanu, Navaneeth N Nath, Rassal Janardhanan A, Abhishek M Kunnathu, Boban Palat, PU Pratheesh Kumar, PR Ajay, KU Swapnil, Pranav Ushakar, and Swetha Bijumon. The State’s case was presented by Senior Public Prosecutor Vipin Narayan A.
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The judgment reinforces the judiciary’s commitment to protecting child victims and ensuring that perpetrators of such heinous crimes are held accountable.
