'Doctrine Of Sameness' Not Attracted When Victims Differ: Karnataka High Court Refuses To Quash Multiple POCSO FIRs Against School Teacher

The Karnataka High Court has observed that the 'Doctrine of Sameness' is not applicable if cases against the accused registered under the Protection of Children from Sexual Offences Act, are filed at different periods of time by different complainants. A single judge bench of Justice M Nagaprasanna while dismissing a petition filed by a school teacher who is accused by the students of sexual assault in multiple FIRs said, "With no certain time and period and the complainants being different, the contention of the learned counsel appearing for the petitioner that the same is hit by doctrine of sameness is unacceptable." Having come to know of the registration of crime against the petitioner, the parents of the students having learnt sexual assault against their children registered crimes on different dates against the petitioner which resulted in multiple FIRs. The petitioner approached the court questioning the successive FIRs that are registered against the petitioner for the same offence, by different complainants. Prosecution opposed the plea, while arguing that the complaints registered against the petitioner are by different complainants and, therefore, different FIRs are registered and as such, no fault can be found in the action of the Police in registering different FIRs, in the peculiar facts of these cases and would submit that the matter is still in the stage of investigation and seeks dismissal of the petitions.