Allahabad HC Stays Arrest Of Teacher Accused Of Forcing Student To Convert To Christianity, Establish Sexual Relation

Apart from the lady teacher, a bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad granted relief to two others booked in the case under Section 506 IPC, Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and Section 9, 10, and 23 of the Protection of Children from Sexual Offences Act, 2012.

The Court passed this order after the counsel for the petitioners-accused apprised the court that an independent inquiry had been conducted into the matter, which revealed that the minor boy's allegations against the teacher were manufactured.

Essentially, it was the case of the minor boy and his father (the informant in the case) that her teacher had tried to convert him to Christianity, and she also exerted pressure on him to establish a sexual relationship with her.

On the other hand, it was the specific case of the petitioners that an inquiry report (conducted on the instructions of the school principal) recorded that on the occasion of a dance competition, the student took the lady teacher's mobile number. Subsequently, by making fake IDs using her mobile phone, the student started chatting on fake IDs and even started putting mental pressure on her.

Further, when the matter was highlighted, the minor boy started levelling allegations of establishing a sexual relationship with his teacher, which was without any basis.

It was further argued that in this inquiry report, it was opined that though the child is minor, however, he is a mentally strong person and is dominating over the others.

Against this backdrop, the court, seeking the State's response to the petition seeking quashing of the case, put the case for hearing on July 10 and directed that no coercive action will be taken against the petitioners and that they will not be arrested.

The Court also directed the Commissioner of Police, Kanpur, to transfer the investigation to a cyber cell. The Court added that if the child has created a fake account using the lady teacher's mobile phone/ID, the cell will submit a report.

In related news, the High Court passed a similar direction last month while hearing a petition moved by the school principal. In that case, the Court had opined that the role of the minor boy was required to be probed.

The Court also said that the minor boy and his father could be liable for criminal prosecution if the inquiry's findings (regarding manufactured allegations) were true.