Delhi High Court Rejects Bail Plea Of Teacher Accused Of Raping His Student

The Delhi High Court has rejected the bail plea of a teacher who has been accused of repeatedly raping his minor student and threatening to make video-recording of it viral. The accused stands booked under section 376 of IPC and section 6 of the Protection of Children from Sexual Offences Act, 2012.

“The court cannot also ignore the fact that since the petitioner and the prosecutrix were interacting as teacher and student, the alleged offence, if it comes to be proved during trial, takes an egregious and aggravated form, particularly in view of the specific statutory mandate under section 376(2)(f) of the IPC and section 5(f) of the POCSO Act,” Justice Anup Jairam Bhambhani said in the order.

The court said there also appears to be forensic evidence that reads strongly against the petitioner, including the forensic report which says that the petitioner’s DNA matches the DNA found on certain exhibits relating to the prosecutrix collected during investigation. 

"Considering that the interaction between the petitioner and the prosecutrix is supposed to have been only that between a teacher and a student, it remains to be explained as to why the DNA matches," said the court.

According to the prosecution, the accused teacher in April 2021 asked the prosecutrix to meet him at the Rithala Metro Station on the pretext of providing her with some notes for an exam. Upon meeting the prosecutrix, he allegedly informed her that he needed to give her some more notes which were at his residence.

It is alleged that at his residence, the teacher offered the prosecutrix some water and snacks, after consuming which the prosecutrix fainted and the teacher committed forcible sexual intercourse upon her. When the prosecutrix regained consciousness, he allegedly showed to her an objectionable video-recording of the incident and threatened the prosecutrix against telling anyone about the incident, else he would make the video viral. While threatening to make the objectionable video viral, the teacher committed sexual intercourse with the prosecutrix about 4 times at his house and about 7 times at one Hotel, according to the prosecution.

The court noted that as per the prosecutrix’s Class-II School Leaving Certificate and her Class-X Mark Sheet filed along with the chargesheet, at the time of commission of some of the alleged sexual assaults, the prosecutrix was “minor”. It was submitted that the prosecutrix attained majority in January,2022 and the alleged sexual acts by the petitioner upon her were stated to have continued even thereafter. After the alleged last incident in June, 2022, a complaint was filed with the police and the FIR was registered.

The court said the prosecutrix’s statement recorded under section 164 CrPC supports the prosecution case, “and this court sees no reason to disbelieve the statement so recorded”. Justice Bhambhani also noted that, “It is also part of the record, though yet to be proved in evidence, that the petitioner paid for the hotel room and checked into the hotel alongwith the prosecutrix based on a false ID.”

"In the circumstances obtaining in the case, in particular the relative social standing of the petitioner vis-a-vis the prosecutrix and the societal milieu, this court is not sure that the petitioner would not influence witnesses or flee from justice or otherwise attempt to prejudice the trial of the case, if he is enlarged on bail," said the court.

Case Title: Babu Lal Bhawariya v. State Of NCT Delhi

Citation: 2023 LiveLaw (Del) 528

Click Here To Read/Download Judgment