NEW DELHI: 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.
"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 the 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," said the court in a recent order rejecting the accused's bail application.
"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 9, 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 made physical relations with her on that pretext, she claimed.
It was further alleged that in the meantime, the victim got pregnant twice but the pregnancy was aborted, and it was also found that the accused was already married.
On the basis of the complaint, an FIR was registered for offences punishable under Indian Penal Code and Protection of Children from Sexual Offences Act.
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.
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.
