DAV School sexual assault: 4-year-old victim bravely faces court, nails her perpetrator

Hyderabad: Exactly 6 months after the horrifying DAV Public School sexual assault of a 4-year-old child shocked the city, the fast-track special court for POCSO cases sentenced Beemana Rajani Kumar, the accused principal’s driver to 20 years of imprisonment and a fine of Rs 5,000.

However, the principal Sivaraju Madhavi, who was co-accused in the case, was found not guilty and walked free.

The judgment was celebrated by the Hyderabad police and citizens. However, the victim’s parents were disappointed over the acquittal of the principal. Parents alleged that the principal was an equal partner in the crime.

On October 18, 2022, Banjara Hills police based on a complaint booked car driver Rajani Kumar (34) of Attapur and DAV School Principal Madhavi (55) under section 6 of the Protection of Children from Sexual Offenses Act 2012. The driver was also booked under section 376 (AB) of the Indian Penal Code. The judgment came exactly 6 months after the crime was reported.

Victim’s brave statement nailed the accused:

Two months after the Banjara Hills police station filed the charge sheet, the trial, in this case, picked up speed in February 2023 when the victim was called to the court to record her statement. Certain court proceedings of this particular case will remind one of the movies ‘Gargi’ played by South Indian actress Sai Pallavi, in which her reel father sexually assaulted a minor.

NewsMeter spoke to K Pratap Reddy, the public prosecutor of this case, to understand the sensitivity of the proceedings:

Firsthand account:

In February, the victim accompanied by their parents and her twin sister was called to the child-friendly POCSO court in HACA Bhavan, Hyderabad to record her statement. The girl entered through a different entrance, while the accused was seated in the next room.

“In this case, the statement of the victim and the medical reports turned out to be crucial evidence. The victim who was seated next to the judge clearly stated that the driver removed her clothes, and undergarments and committed the offence. While the medical examination conducted by the Bharosa center spoke of the injuries in the private parts”, the PP said.

Since the case does not involve sexual intercourse, the forensic team was not involved in the further examination.

“As per the statement of the victim who had no other motive, this was considered the foundation of the evidence. This was the second time her statement was recorded under section 164 CrPC. The girl was brave, he never misled the cross-examination,” he said.

“She didn’t show any fear and spoke normally. She showed no hesitation during cross-examination. The statement refreshed her memory. Currently, she has been stopped from attending school. Judge T Anita provided her chocolates and comfort when she was shown the video of the accused. She immediately identified the driver and the principal. Her statement for the chief examination was recorded, and later her parents' statement was recorded. The victim had clearly stated the offense and the same collaborated with the medical reports. In addition, the statement of the class teacher was substantial evidence that led to the judgment” added PP Pratap Reddy.

The class teacher stated that on the day the crime took place, she left the class but forgot to take her pen. When she came back to collect her pen, she saw the accused driver had closed the classroom and was taking a digital class for LKG students. This statement helped frame charges against the driver.

Principal found not guilty:

The POSCO court acquitted the Principal citing a lack of evidence. “The crime took place on October 17, and the complaint was filed a day after. Had the principal known of the crime and did not act, then it would have worked against her. However, since the complaint was filed on the same day, there was no evidence against accused 2.

Interestingly, there was no objection from the accused counsel.

TimeLine of the Case:

A four-year-old girl studying at BSD DAV Public School in Banjara Hills was raped by the school Principal's driver. The accused sexually assaulted her in the next classroom. According to sources, the driver used to come to the digital classroom and cause trouble to the children. As a result, many children were afraid of him. What blew the lid off was the parents who noticed changes in the girl's behavior as she was not answering questions.

17th October 2022: The parents found out that the child was depressed and crying. Later they came to know that child was sexually assaulted. They found injuries near the private parts.

18th October 2022: The victim along with her parents visited the room and identified the accused. They hit him with sticks and stones. Parents also questioned the principal for high negligence. A complaint was filed the arrest of the driver followed.

18th October 2022: Parents of the students of DAV Public School staged a protest outside the Banjara Hills police station. They demanded action against the principal. Hyderabad School Parents' Association (HSPA) condemned the incident. The Association demanded strict action against the perpetrators.

19th October 2022: Police booked the principal of the BSD DAV Public School in the sexual assault case under section 364, 376(a) (b) of IPC and under the POSCO Act. The principal was also arrested and produced before the court.

20th October 2022: Parents broke the silence and flagged the security lapses in B.S.D.A.V. Public School. Parents said the digital room where the assault happened was right across the principal's cabin. Even other kids have complained about taking them into the digital room. Parents said even the CCTV present near the principal's office is not working.

21st October 2022: Telangana Education Minister Sabitha Indra Reddy directed the District Education Officer (DEO) to immediately cancel the recognition of BSD DAV public school in Banjara Hills.

26th October 2022: DAV school management team from Delhi met the District Educational Officer (DEO) along with some parent representatives to discuss how to accommodate the students in the nearby schools, as per the state Education Minister's order.