The Delhi High Court has refused to grant bail to a tuition teacher accused of raping his minor student he claimed to be in a consensual relationship with. Justice Swarana Kanta Sharma said the consent of the victim, who was only 14 years of age then, was no consent in the eyes of law and the accused was in a dominant position on account of being her teacher, as stated in a report by PTI.
Rejecting the accused's bail application, in a recent order, the court said, "The argument of the learned counsel for the applicant that the relationship between the parties was consensual has no merit since at the time of first sexual assault in the year 2012, the prosecutrix was only 14 years of age and her consent was no consent in the eyes of law."
"This Court also notes that at the relevant time he was in a dominant position of being a teacher as she used to study in the coaching centre where he used to teach … Accordingly, the application for grant of bail is rejected," it added.
The complainant alleged that in 2012, when she was in Class IX, she used to attend a coaching centre and the accused, a teacher there, sexually assaulted her. Till 2017, he kept assuring that they would get married and kept physical relations with her on that pretext, she claimed.
Complaint filed
On the basis of the complaint, an FIR was registered for offences punishable under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POSCO) Act. Further, the court said that in view of the "seriousness of the allegations" and the fact that the prosecutrix was yet to be examined by the trial court, there was no ground for bail.
Also, the court observed that the accused also concealed from the prosecutrix that he was already married and had sexually assaulted her repeatedly on the false pretext of marriage as being already married, he could not have married her, as stated in a report by PTI.
