Special judge Sabina Malik, who was hearing cases of Protection of Children from Sexual Offences (POCSO) Act, granted bail to the teacher of a city-based prominent school on Monday
The order mentioned that as the teacher had resigned from the school, the relationship of a teacher and student no longer existed, and hence the influence was diluted. Representational pic
A special court in Mumbai, while granting bail to a 40-year-old woman school teacher held for allegedly repeatedly sexually assaulting a minor male student, has said the relationship between the duo was "consensual", reported PTI.
Special judge Sabina Malik, who was hearing cases of Protection of Children from Sexual Offences (POCSO) Act, granted bail to the teacher of a city-based prominent school on Monday.
In its order, the court said that the boy is above 16 years of age and that there is "evidence from both the sides showing that there was a consensual relation" between them, reported PTI.
The order mentioned that as the teacher had resigned from the school, the relationship of a teacher and student no longer existed, and hence the influence was diluted.
In her bail application, filed through advocate Neeraj Yadav and Deepa Punjani, the accused teacher stated that the case was fabricated at the behest of the boy's mother.
Citing several conversations with the boy, the woman's plea stated that the boy’s parents knew of his relationship with the accused and were against it.
The woman raised concern about the legality of her arrest, claiming that the grounds of arrest were provided in Marathi, which she does not comprehend.
The defence contended that these grounds are not translated and she simply made to sign it (document), and that a confessed interrogation is inadmissible.
She also stressed she is a mother to 11-year-old twins, one of whom suffers from asthma, and their study is suffering and they are under emotional stress due to the absence of their mother.
The prosecution, opposing her bail plea, said that if the accused is released, she will abscond and will not be available for trial.
The informant is in mental trauma owing to the alleged incidents and thus the application should be rejected, the police said.
The boy also resisted the application, expressing fears of manipulation, intimidation, threats and harm if the teacher were granted bail.
However, the court, recognising that the trial would take time, held that keeping the accused in custody would not be fruitful.
The special judge released on bail upon executing a bond of Rs 50,000 with one or more solvent sureties in the like amount.
(With PTI inputs)
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