LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/x-etc-vs-rajesh-kumar-ors-20250423/ · Printed 07 Nov 2026
Criminal · Reportable judgment

X Etc. vs Rajesh Kumar & Ors.

Court
Supreme Court of India
Date
23 April 2025
Case No.
Criminal Appeal No(s). 2143-2146 of 2025
Result
Allowed
Bench
Surya Kant, N Kotiswar Singh
Citation
[2025] 4 S.C.R. 1909 : 2025 INSC 579
Acts & Sections
Protection of Children from Sexual Offences… IPC
Supreme Court Reports [2025] 4 S.C.R. 1909 : 2025 INSC 579
Issue for consideration
Whether the High Court erred in quashing FIRs registered under the POCSO Act against the respondent no.1.
Headnote

Protection of Children from Sexual Offences Act, 2012 – ss.7, 8 – Penal Code, 1860 – Sexual assault – Multiple allegations of inappropriate behaviour by the students against the respondent no.1, a computer teacher – One of the FIRs was settled by respondent no.1 – High Court quashed the remaining FIRs – Challenge to:

Held: High Court ought not to have ignored the fact that respondent No.1 was a teacher and the victims were his students – Preliminary statements recorded before the Police reveal that prima facie ingredients of offences under the POCSO Act, for the purpose of subjecting respondent No.1 to a trial, were made out – High Court wrongly construed that s.7 of the POCSO Act will not be attracted unless there is an act involving physical contact with sexual intent – s.7 defines ‘sexual assault’ to include situations where a person ‘with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration’ – The allegations that respondent No.1 would hold the hands of female students in the computer lab while using the mouse clearly falls within the ambit of ‘any other act with sexual intent which involves physical contact’ – In the context of a teacherstudent relationship, where the teacher is in a position of authority and trust, such physical contact, when accompanied by other inappropriate behavior including asking invasive questions about sanitary napkins and sending vulgar images, provides sufficient basis to infer sexual intent for the purpose of proceeding with trial – This was a fit case where respondent No.1 ought to have been subjected to trial – This is extremely important keeping in view the fact that respondent No.1 has successfully prevailed upon one of the victims, who allegedly “settled the dispute” and paved the way for respondent No.1 to get one of the cases quashed – Impugned order set aside – Directions issued to Trial Court to proceed with the trial. [Paras 4, 5, 7]

Keywords: Sexual Assault · Sexual Intent · Computer teacher · Teacherstudent relationship · Position of authority and trust · Multiple allegations · Multiple FIRs · Inappropriate behavior including asking invasive questions · Holding hands of students · Sent vulgar and obscene images on WhatsApp group · Prima facie · “Settled the dispute” · ‘Any other act with sexual intent which involves physical contact’

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. This case is a glaring example of denial of justice to the victims of offences under the Protection of Children from Sexual Offences Act, 2012 (for short, `the POCSO Act’), and possibly certain provisions of the Indian Penal Code (for short, `IPC’). The victims were students in a school in Tirur, where respondent No.1 was a Computer Teacher. It was alleged that he behaved inappropriately with the female students of the school besides asking obnoxious questions like how many sanitary napkins they had used in a year. It was alleged that he would hold the hands of the
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →