Court says relationship consensual, grants bail to Mumbai school teacher

MUMBAI: In a detailed order granting bail to a 40-year-old teacher from a prominent Mumbai school arrested for allegedly sexually assaulting a male student, a special Pocso court said that there is evidence from both sides showing that subsequently there was a consensual relationship between them. Noting the victim was over 17 years old, special judge Sabina A Malik said, "As the accused resigned from the school, the relationship of a teacher and student no longer existed and hence, the influence is diluted." The judge further mentioned that the trial will take time to commence and in the meantime, nothing fruitful would be gained by keeping the accused behind bars.

The victim opposed the bail plea, submitting that if the woman is released on bail, she will once again find ways to manipulate, intimidate, threaten and harm his life, and she will also tamper with the evidence. However, the judge said, "The potential risk to the victim, if any, could be catered to by imposing necessary terms and conditions. The apprehension of the prosecution can be taken care of by imposing stringent conditions on the applicant (accused)," the judge said.

Imposing conditions on the release, the judge said the accused must not meet, contact or threaten the victim in any manner. She is forbidden from directly or indirectly inducing, threatening or promising anything to any witness or the victim. The judge said breach of any of these conditions will result in immediate bail cancellation.

The maximum punishment attracted in the case is imprisonment for the remainder of that person's natural life. The woman, who resigned from the school last year, was arrested on June 29. She said she is working in a different field now. The prosecution also opposed the bail, referring to the mental trauma suffered by the minor.

Seeking bail, the woman's defence lawyers, Neeraj Yadav and Deepa Punjani, submitted that the case against her is "false and fabricated and motivated." It was also submitted that her grounds for arrest were provided solely in Marathi, a language she does not comprehend. She alleged that the grounds were never translated for her and that she was merely instructed to sign them, thereby failing to satisfy the mandate of the Constitution.