The court said that it cannot ignore the fact that since the petitioner (teacher) and the prosecutrix (Student) were interacting as teacher and student
Image used for representational purpose. Pic/iStock
The Delhi High Court has dismissed the bail application of a school teacher booked for sexually exploiting his student for a period of time.
The court said that it cannot ignore the fact that since the petitioner (teacher) and the prosecutrix (Student) were interacting as teacher and student, the alleged offence, if it comes to be proved during the trial, takes an egregious and aggravated form, particularly in view of the specific statutory mandate under section 376(2)(f) of the IPC and section 5(f) of the POCSO Act.
The bench of Justice Anup Jairam Bhambhani noted, "In the circumstances obtaining in the case, in particular, the relative social standing of the petitioner vis-a-vis the prosecutrix and the societal milieu, this court is not sure that the petitioner would not influence witnesses or flee from justice or otherwise attempt to prejudice the trial of the case if he is enlarged on bail".
"In the above view of the matter, this court is not inclined to admit the petitioner to regular bail at this stage. Accordingly, the bail petition is dismissed", said the court.
The prosecution has also collected CCTV footage which shows the petitioner and the prosecutrix together at a certain hotel, entering a room. Again, at least at this stage, there is no explanation that would believe what is seen in the CCTV footage. Again, it remains to be explained as to why, if the footage is genuine, did the petitioner and the prosecutrix go together to a hotel room and at whose instance, noted the Court.
Appearing for the prosecutrix, Senior Advocate Sunil Dalal opposed the bail plea and submitted that the petitioner was more than double the age of the prosecutrix in April 2021, and had a daughter who was junior to the prosecutrix. Being her teacher, the petitioner was in a position of trust vis-a-vis the prosecutrix, and the offence, therefore, falls within the ambit of section 376(2)(f) IPC and section 5(f) of the POCSO Act.
Advocate Dalal also submitted that the offence alleged is very serious and the offence under POCSO attracts a minimum imprisonment of 20 years and that granting bail to such accused before charges are framed would defeat the purpose of the POCSO Act.
Advocate Amit Sahni, Additional Public Prosecutor appeared for Delhi Police also submitted that in the chargesheet, FSL Report showed that the DNA of the petitioner matches the DNA found on the vulval swabs and underwear of the victim.
Advocate Sahni further submitted, that there is also CCTV footage which shows that after making payment for the hotel room, the petitioner produced his ID and the ID of one Mannu Rana, only to conceal the identity and thereby the age of the prosecutrix, since it would not have been possible for the petitioner to take along a minor to the hotel.
According to the case, the petitioner and the prosecutrix are acquainted since the petitioner was her school teacher and also used to give out-of-school tuition to her. According to the prosecutrix, Petitioner's teacher on the pretext of providing her with some notes for an exam taken to his residence and offered her some water and snacks, after consuming which she fainted and the petitioner committed forcible sexual intercourse upon her.
When the prosecutrix regained consciousness, the petitioner showed her an objectionable video recording of the incident and threatened the prosecutrix against telling anyone about the incident, or else he would make the video "viral".
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