27-05-2025
Pocso-accused woman teacher granted bail
Surat: A Surat court on Monday granted bail — with certain conditions — to the 23-year-old woman teacher who is accused of offences under the Protection of Children from Sexual Offences (Pocso) Act.
During the hearing of the bail plea, the teacher's advocate, Vaajid Shaikh, argued that she had been wrongly accused as the sections pertaining to 'penetrative sex' were incorrectly invoked by police. He said that a woman cannot carry out penetrative assault on a male. Shaikh also mentioned discrepancies in the victim's age, as the FIR and investigation state the victim's age as 11 and 13 respectively.
Shaikh argued: "Pocso Sections 4, 6, 8 and 12 were wrongly invoked in the case, as a woman cannot perpetrate penetrative assault on a male.
Only a male can penetrate. Thus, these sections are not relevant to my female client. Police have made a serious mistake in the FIR in this regard."
As the accused went for an abortion, it was also argued that she is having a stressful time. "After the abortion, the accused can be subject to mental and emotional shock. Due to the emotional setback, she may go into depression or post-traumatic stress disorder (PTSD). The age of the victim was shown as 11 years at the time of the FIR, while during the investigation, it was revealed he had crossed 13 years.
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This raises doubts about the victim's maturity.
"
On the victim's side, the public prosecutor opposed bail and argued: "The accused gave tuitions to the victim and sexually exploited him when no one was at her home. She abducted him on April 25 and stayed with him at hotels and cities where she had physical relations with the victim. As the victim's future has been adversely affected by this incident, it is possible that the accused will not be afraid of the law if granted bail.
It is possible that she may target another child in the future. She may also tamper with the evidence. So, she should not be granted bail."
After hearing both sides, the court observed: "The probe related to the crime is near an end. As the abortion is completed and evidence related to that has also been collected, there is not much recovery or discovery left in the case. As the trial may take a long time to be completed, it seems appropriate to grant the accused bail." The court laid down certain conditions while granting bail.
