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The Allahabad High Court stays the arrest of a teacher accused of attempting to convert, sexually abusing a student

In a significant development, the Allahabad High Court has stayed the arrest of Ms Olive Rohit, alias Olive Rose Caleb, and two others, who were accused of trying to convert and sexually assault a minor student. The case, registered as CRIMINAL MISC. WRITTEN PETITION No. 8651 of 2024, heard by Fair Judges Rajiv Gupta and Shiv Shanker Prasad.

Background to the case

The petitioner, Mrs. Olive Rohit, is a teacher at St. Aloysius High School, Kanpur, where the informant’s son is in class X. The allegations against her include pressuring the student to enter into a sexual relationship and convert to Christianity. The informant discovered these allegations on September 30, 2023, after checking his son’s cell phone. The situation escalated when the suspect allegedly broadcast the chat on social media, which subsequently went viral on news channels. Despite complaints to the Child Welfare Committee and senior police officers, no action was initially taken.


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Legal issues involved

The case involves several crucial legal issues:

1. Allegations of Sexual Abuse and Conversion: The FIR was registered under Section 156(3) of the Cr.PC, invoking provisions of the Indian Penal Code (IPC), the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and the protection of children from sexual offenses (POCSO). ) Law, 2012.

2. Counter-accusations: The petitioner has also filed an FIR against the informant’s son under Sections 354-A, 504, 507 IPC and Section 66C of the Information Technology Act, alleging that the student had created fake IDs using her mobile phone to to bother her.

3. Research report: An investigation conducted by three independent individuals, including a retired PCS officer, a principal from another school and a social worker, concluded that the student had used the teacher’s mobile number during a dance competition and then created fake IDs to chat with her. mental pressure on her.

Decision of the Court

The court, after hearing the arguments of both parties, decided that the matter requires further investigation. The court has issued several guidelines:

1. Transfer of research: The Commissioner of Police, Kanpur, was directed to transfer the investigation to the cyber cell, which will file a report on whether the child created fake accounts using the teacher’s mobile phone.

2. Notice to Respondents: A notice has been issued to defendant No. 3, returnable within three weeks.

3. Filing of Affidavits: All respondents were directed to file a counter-affidavit within four weeks, after which a rejoinder had to be filed within two weeks.

4. No coercive measures: The court ordered that no coercive action be taken against the petitioners and they will not be arrested in connection with the FIR arising out of Case Crime No. 83 of 2023.

Important observations

The court made a number of important observations during the hearing:

– The investigation report suggested that the allegations of sexual relations were unfounded and that the student, despite being a minor, was mentally strong and dominant.

– The court pointed out the need for a thorough investigation by the cyber cell to determine the truth behind the creation of fake accounts.

Conclusion

The Allahabad High Court’s decision to stay the arrest of Ms Olive Rohit and others underlines the complexity of the case, which involves serious allegations of sexual abuse and religious conversion. The court’s directions for a detailed investigation by the cyber cell and filing of affidavits indicate a thorough judicial process to ensure that justice is served. The case will be heard further on July 10, 2024.

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Advisors and involved parties

– Petitioners: Mrs. Olive Rohit Alias ​​​​Olive Rose Caleb and two others

– Respondents: the state of Uttar Pradesh and two others

– Counsel for the petitioners: Shri Gaurav Tripathi

– Counsel for respondents: Shri PK Giri, Additional Solicitor General, and Man Mohan Mishra


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