Sexual assault of student: Court cites ‘consensual relationship' while granting bail to school teacher in Mumbai

Hindustan Times

2 days ago

MUMBAI: The 40-year-old female teacher of a prominent Mumbai school who was booked under the Protection of Children from Sexual Offences (POCSO) Act for engaging in sexual activity with one of her students, was granted bail on the ground that the boy was over 16 years of age, and evidence shows there was a 'consensual relationship subsequently.' Special judge Sabina Malik also said the trial will take time to commence, so keeping the woman behind bars would not serve any purpose. (Unsplash/representational)
As reported earlier by HT, the teacher had been arrested for allegedly sexually assaulting the minor student on multiple occasions for over a year and for luring him to five-star hotels, plying him with alcohol and then engaging in sex with him. She was arrested last month after the boy's family complained to the police.
In a detailed order, the special court for cases under the Protection of Children from Sexual Offences (Pocso) Act noted that the accused's resignation from the school last year—during which the alleged sexual assaults took place-- had diluted the 'student-teacher dynamic.' Special judge Sabina Malik also said the trial will take time to commence, so keeping the woman behind bars would not serve any purpose. The court granted the woman bail after considering that she is the mother of two minor children.
The accused has denied all the allegations, claiming the FIR was 'motivated' and filed at the insistence of the boy's mother who disapproved of their relationship. In her bail plea, she stated that the boy was emotionally attached to her and referred to her as his 'wife'. She also claimed that he had sent her affectionate messages and handwritten notes, and had a tattoo of her name on his body, adding that these facts were deliberately omitted from the police complaint.
The teacher also claimed that she had resigned from the school in April 2024 to distance herself from the boy and insisted that she would only meet him with his mother's permission. However, he continued to contact her, she alleged.
According to the FIR, from January 2024 to February 2025, the woman had sex with the boy at various five-star hotels and also in her car. She allegedly also gave him alcohol and medication for anxiety, and used a female colleague to persuade him to meet her. She then resigned from the school last year after the boy passed Class 11.
In the bail order, the court noted, 'As the accused had resigned from the school, the relationship of a teacher and student no longer existed and, hence, the influence was diluted.'
The court also took note of the accused's contention that the police had provided the grounds of her arrest to her in Marathi, a language she does not understand, and that she was made to sign the documents without a translation. The court recorded this as part of its reasoning while noting improper compliance with arrest procedures under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
In her bail plea, the accused pointed to her responsibilities as a single mother of 11-year-old twins—one of whom suffers from a respiratory condition—as grounds for leniency. She submitted her daughter's medical records and argued that her incarceration was affecting the children's education and mental health.
Opposing bail, both the prosecution and the complainant cited trauma, threats, and concerns over tampering with evidence. However, the court said these risks could be addressed through strict bail conditions. 'The potential risk to the victim, if any, could be catered to by imposing necessary terms and conditions,' the court order stated, while also warning that 'breach of any condition will amount to cancellation of bail'.
The teacher was granted bail on furnishing a personal bond of ₹50,000, with one or more solvent sureties of the same amount. She was directed not to contact the victim or witnesses, tamper with evidence, or leave Mumbai without the court's permission.
The accused was earlier booked under sections 123 (sexual assault), 351(2) (aggravated sexual assault by person in authority), and 3(5) (aggravated penetrative sexual assault) of the Bharatiya Nyaya Sanhita, along with relevant sections of the Pocso Act and the Juvenile Justice (Care and Protection of Children) Act, 2015.