Ahmedabad: A single judge bench of Justice Samir Dave of the Gujarat High Court invoked a Sanskrit Shloka, “Guru Brahma Gurur Vishnu, Guru Devo Maheshwara, Guru Saakshat Para Brahma, Tasme Shree Gurave Namaha”, while denying bail to a teacher accused of sexually abusing a 12-year-old student.
The court also rejected the out of court settlement between the parties.
Justice Dave, while rejecting the bail of school teacher, observed, “The teacher is expected to act as a protector. Such heinous acts by the accused would cast a lifelong psychological and emotional impact on the victim. The accused has indulged a child for a tender age of 12 years and left a permanent scar on her life.”
The order was passed by the court on November 30 and put in the public domain on Monday.
It has further pointed out, “It is a case where trust has been betrayed and social values are impaired. Therefore, the accused as such does not deserve any sympathy and/or any leniency.”
While rejecting the amicable settlement between the two parties, and the consent of the victim’s parents to their ‘no objection’ if the teacher was granted bail, the court noted, “The opinion that such practice is unwarranted when such a serious and heinous crime is committed and also it amounts to hampering/ tampering with the witness or evidence by the accused.”
In July 2022, after returning from school, the girl complained to her parents that her teacher, Nihar Barad, had touched her private parts inappropriately and so she will not go to the school from the next day. The parents first took up matter with the school management and later lodged a complaint with the Gir Gadhada police station of the Gir Somnath district.
–IANS