Supreme Court Quashes Summoning Order in Child Sexual Assault Case: Lack of Prima Facie Evidence Against School Management

The Supreme Court of India recently ruled in the case of Mani Pushpak Joshi v. State of Uttarakhand & Anr., quashing the summoning order against a school management member accused in a child sexual assault case. The judgment reaffirmed the principle that criminal proceedings must be based on substantial evidence and not mere allegations or evolving testimonies. The case revolved around a six-year-old child’s allegations of sexual abuse in a private school, implicating a teacher and later, a member of the school management.

The Supreme Court found that the evidence presented did not meet the required threshold under Section 319 of the Code of Criminal Procedure (CrPC). The Court emphasized that summoning an accused to face trial requires more than prima facie suspicion and that prosecutorial decisions must be grounded in solid investigative findings.

Background of the Case

The case began with an FIR lodged on April 19, 2017, by the father of the prosecutrix, a six-year-old girl, at Haldwani police station. The father alleged that his daughter had been sexually abused by a teacher, identified as Bablu Bisht, at Aurum The Global School.

According to the complaint:

The child had been mentally and physically harassed for four to five months at school.
A teacher, identified as Bablu Bisht, allegedly touched her inappropriately, took her to the bathroom, and assaulted her using a stick-like object.
She was threatened to stay silent about the abuse.
The father identified the accused teacher using a photograph obtained via Facebook.
Subsequently, the school management, including owner Ankit Joshi, Principal Gauri Vohra, and class teacher Nameeta Joshi, were accused of negligence and complicity.

Statements of the Victim and Witnesses

The investigating officers recorded the statement of the victim under Section 161 of CrPC on April 19, 2017. In her initial statement, the child confirmed that only one teacher, Bablu Bisht, had assaulted her. However, in a subsequent statement recorded on April 22, 2017, she claimed that two other men were involved.

In her Section 164 statement before a magistrate on April 24, 2017, she identified one of the men as someone who wore spectacles. The child’s father, relying on school photographs from Facebook, identified the petitioner, Mani Pushpak Joshi, a member of the school management, as the second perpetrator.

Arguments by the Petitioner (Mani Pushpak Joshi)

The petitioner, through his counsel, argued:

The initial complaint only named the teacher, Bablu Bisht, as the accused.
The child’s subsequent statements appeared to have been influenced by external factors.
The identification of the petitioner was based on online photographs rather than direct evidence.
The prosecution failed to produce any witness or material evidence linking the petitioner to the crime.
The summoning order under Section 319 CrPC was based on speculation rather than substantive evidence.

Arguments by the Respondents

The State of Uttarakhand and the child’s family contended that:

The victim had later identified a second perpetrator from school management.
The father had reason to believe that school authorities were involved in covering up the crime.
The trial court was justified in issuing the summoning order, given the evolving testimony of the child.

Supreme Court’s Observations

A bench comprising Justices L. Nageswara Rao and Hemant Gupta carefully examined the evidence and ruled in favor of quashing the summoning order. The Court emphasized:

The first version of the child’s testimony mentioned only one accused.
The inclusion of a second accused came much later, raising concerns of suggestive influence.
The petitioner was identified solely through photographs, without any direct evidence linking him to the crime.
The prosecution did not provide substantial material to justify summoning the petitioner for trial.

The Court ruled:

“The statement of the child so as to involve a person wearing spectacles as an accused does not inspire confidence disclosing more than prima facie to make him stand trial.”

Final Judgment

The Supreme Court issued the following rulings:

The summoning order issued by the trial court was quashed.
The petitioner was not required to stand trial as there was no prima facie case against him.
The involvement of school management in the assault was not supported by substantive evidence.

Analysis of Section 319 CrPC

The judgment reiterates the principles outlined in previous cases regarding Section 319 CrPC. The Supreme Court referred to its decision in Hardeep Singh v. State of Punjab, where it was held:

“Power under Section 319 CrPC is a discretionary and extraordinary power. It is to be exercised sparingly and only in those cases where strong and cogent evidence exists against a person.”

The Court emphasized that a mere probability of complicity is insufficient to summon an individual for trial. The evidence must be strong enough that, if left unrebutted, it could lead to a conviction.

Impact of the Judgment

This ruling highlights the importance of procedural fairness in criminal trials. While crimes against children must be prosecuted with utmost seriousness, the legal process should not be compromised by assumptions or weak evidentiary links.

The judgment also serves as a safeguard against wrongful prosecution based on evolving testimonies or external influences. It establishes that:

Prosecution must rely on solid investigative findings rather than speculative evidence.
Criminal trials should not be driven by public outrage or emotional responses.
Judicial intervention should ensure that only those against whom strong evidence exists are made to stand trial.

Conclusion

The Supreme Court’s decision in Mani Pushpak Joshi v. State of Uttarakhand serves as a crucial precedent in ensuring that criminal proceedings adhere to the highest standards of evidentiary scrutiny. It protects individuals from wrongful prosecution while upholding the integrity of the judicial system.

Petitioner Name: Mani Pushpak Joshi.
Respondent Name: State of Uttarakhand & Anr..
Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta.
Place Of Incident: Haldwani, Uttarakhand.
Judgment Date: 17-10-2019.

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