The Meghalaya High Court has refused to grant bail to two teachers accused of sexually assaulting a five-year-old student inside a school washroom, observing that allegations of sexual assault against children must be viewed seriously given their vulnerability and the trauma such acts can cause.

The Court held that the survivor's statement prima facie made out a case of sexual assault against the accused and, considering the nature and gravity of the allegations, declined to show leniency at the bail stage.

Justice W. Diengdoh remarked that: “Any act of sexual assault or sexual harassment to children should be viewed seriously. Taking into account the innocence of such children who are not capable of understanding what is happening to them and also the resultant effect of the trauma that follows such a vile act, no leniency should show to the perpetrators.”

Background

The FIR was lodged on February 24, 2026, following allegations that the two teachers of BDW International School, Langkyrding, Shillong, had sexually assaulted a five-year-old student studying in K-1.

According to the prosecution case, the child disclosed to his mother that he had been sexually assaulted by two teachers on four occasions inside the school's washroom. The alleged acts included penetrative sexual acts and inappropriate touching of his private parts.

The police arrested both petitioners on February 25, 2026. Following investigation, a chargesheet was filed on April 24, 2026, alleging a prima facie case under Sections 9(f), 9(l), 9(m) and 10 of the POCSO Act. The trial had not commenced and the survivor's evidence was yet to be recorded.

The Court, upon examining the material on record, particularly the statement of the survivor, found that a prima facie case of sexual assault had been made out against both accused. It noted that the chargesheet had also recorded that a prima facie case under the relevant provisions of the POCSO Act was established.

The Court relied on the settled parameters for deciding bail, including the existence of a prima facie case, the nature and gravity of the accusation, severity of punishment, possibility of influencing witnesses and the likelihood of justice being thwarted.

The Court observed that although the prosecution would still have to prove the allegations through evidence at trial, the nature and gravity of the alleged offence justified refusal of bail at this stage.

Thus, the High Court concluded that the bail applications lacked merit and dismissed both petitions.

Case Name: Aboni Basumatari v/s State of Meghalaya

Case No.: BA No. 45 of 2026

Date of Decision: 30.07.2026

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