Landmark Conviction in Mumbai Deaf School Abuse Case
In a significant verdict, a special Pocso court in Mumbai has convicted and sentenced a former headmaster and a retired teacher of a school for deaf and aphasic students for sexually assaulting three minors. The crimes occurred between June 2013 and June 2014. The court sentenced both accused, now in their 60s, to two years of rigorous imprisonment and imposed a fine of Rs 25,000 each.
Court Relies on Sign Language Testimony and Video Evidence
The trial was a unique proceeding, relying heavily on communication access for the victims. The court summoned sign language experts to act as official interpreters. Sanyogita Devale assisted during the police investigation, while Bharati Lele translated the victims' gestures during the trial. To preserve accurate evidence, the victims' initial statements were video-recorded by police to capture their signs and gestures before the trial began.
Special judge Satyanarayan R Navander noted the profound betrayal of trust, stating a school is a "pious institute" where children view teachers as a guiding light. "If this trust is betrayed and when (a) Godlike figure himself sexually tortures, no doubt the victims would carry a trauma for life," the judge observed. The court found that the accused, being teachers, had the victims in their custody and care, and misused this position of trust to take advantage of their physical disability.
Hostile Witnesses and a Decade-Long Fight for Justice
The path to conviction was fraught with challenges. The primary informant, a student who first complained to police in July 2014 with the help of social activist Sangita Gala, later turned hostile along with her mother. During her deposition, after a trial delay, she recanted her original allegation, claiming the headmaster treated everyone "like his child" and any touching was a "pat on the back."
However, the judge relied on the "clinching evidence" provided by another victim and an eyewitness student, who remained consistent despite lengthy cross-examination. The judge concluded that the retractions appeared to be the "outcome of undue influence and pressure of accused," suggesting the victims were "won over" during the decade-long wait for trial.
The defence argued the victims were "tutored" by activist Gala to force the school to adopt a sign-language curriculum. The court, however, found that while Gala helped the victims approach police, the decision to seek justice came from the students and families. "No malice can be attributed to her for the efforts made... to secure justice for the specially abled victims," the judge stated.
Sentencing, Compensation, and a Call for More Aid
While sentencing the elderly accused, the judge refused to show extraordinary leniency due to their age. The court recognized the immense courage it took for the "physically challenged students" to come forward, given the bare support and the trusted status of the teachers which initially made parents disbelieve the victims.
Of the fine imposed, Rs 15,000 is to be given to each of the three victims as compensation. Acknowledging this amount as inadequate, the judge directed a copy of the judgment be sent to the District Legal Services Authority, Mumbai to consider awarding additional compensation under the victim compensation scheme. This case highlights both the vulnerabilities faced by disabled children in institutional care and the legal system's evolving capacity to accommodate their testimony.
