Court cites 'consensual relationship' while granting bail to teacher held for sexual assault on boy in Mumbai

Mumbai: A special court here, 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".

Special judge Sabina Malik, 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 the order, the court noted that the victim is above 16 years of age and that there is "evidence from both the sides showing that there was a consensual relation" between them.

The order mentioned that as the accused 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 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 his 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.

These grounds are not translated, she simply made to sign it (document), and that a confessed interrogation is inadmissible, the defence contended.

Further, she stressed on her role as a mother to 11-year-old twins, one of whom suffers from asthma. Their study is suffering and they are under emotional stress due to the absence of their mother, her lawyers submitted.

The prosecution opposed her plea, saying if the accused is granted bail, she will abscond and will not be available for trial.

The informant is in mental trauma due to the alleged incidents. Hence, the application should be rejected, the police said.

The victim also resisted the application, expressing fears of manipulation, intimidation, threats and harm if the accused 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.