Ex-lifeguard sentenced to jail ‘till last day of life' for raping 3-year-old student in Greater Noida school
The court, which pronounced a double life term under IPC and the protection of Children from Sexual Offences (Pocso) Act, also held the school's management financially liable for failing to protect the child and ordered the two investigating officers of the case to stand trial for "abetting the assault".
Judge Vijay Kumar Himanshu of the additional district and sessions court cum special Pocso court convicted the former lifeguard, Chandidas, under Section 376AB of IPC and Section 5(m) of Pocso (aggravated penetrative sexual assault on a child under 12).
Chandidas, who is currently out on bail, was also handed another seven-year term under Pocso Act Section 9(f), read with Section 10, for abusing his position as a school employee.
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The court imposed a fine of Rs 24,000 on the convict and ordered the school's managing society to pay Rs 10 lakh in compensation to the girl for rehabilitation within one month, as directed by National Legal Services Authority.
The child, then a nursery student, was raped by the lifeguard during swimming class at the school's splash pool on July 12, 2018.
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She had told her class teacher about the incident. On returning home, she complained of stomach pain and discomfort. She later told her mother that the "swimming pool uncle" had touched her private parts. A medical examination at Delhi's Guru Teg Bahadur Hospital confirmed penetrative sexual assault.
An FIR was lodged the next day at Surajpur police station. Chandidas was arrested from the school principal's chamber.
Special public prosecutor (Pocso) Chhavanpal Singh said the prosecution presented 12 witnesses and 14 documentary and electronic exhibits and sought the harshest sentence not just for Chandidas but also for the school, which "failed to act as a custodian of its students".
The defence argued that the child's family had a grudge against the school and had "tutored" her into making allegations that were unsupported by medical evidence.
The court, however, found the child's statements to police, a magistrate and in court consistent and credible, and corroborated by medical findings from GTB Hospital. The testimony of her parents further supported her account.
The court described the school management as a "joint tortfeasor" (legal term for an entity committing a tort or a wrongful act), noting that its inaction and suppression attempts directly contributed to the child's trauma.
It cited its powers under Section 33(8) read with Section 9 of the Pocso Act to impose the Rs 10 lakh penalty on the school.
"Their attempt to suppress and influence the machinery is clearly apparent and palpable, which cannot be done without the active connivance of the school management society. Hence, the court feels that the school management shall be made vicariously liable for the lapses in terms of awarding compensation for the mental trauma suffered by the victim and her family," the judge noted.
The court found the roles of the two IOs, Sita Singh and Rashmi Chaudhary, dubious in the investigation.
The IOs had filed a closure report against the principal and class teacher despite evidence available on record.
"This court finds there is sufficient evidence available on record to show that to shield the co-accused, the principal and class teacher, both the IOs conducted defective and motivated investigation. Therefore, through deliberate and intentional omission in discharge of duty, they have abetted the offence of sexual assault amounting to rape against the child," the court said in its ruling, declaring the two IOs co-accused under Section 17 of the Pocso Act.
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