Bombay High Court: 'With student's rape, teacher blotted pious relation'

Mumbai: Being a teacher, he ought to have groomed his student to become responsible citizen instead he victimised the student and blotted this pious relationship, recently observed the Aurangabad bench of the Bombay High Court. A division Justice Vibha Kankanwadi and Justice Abhay Waghwase made the remark while upholding the 10-year sentence of a teacher convicted for kidnapping and raping his minor student.

The HC was hearing an appeal filed by an Osmanabad-based teacher, 38, challenging his conviction under the Protection of Children from Sexual Offences Act, 2012. The State Government had also filed an appeal seeking enhancement of his sentence to life term.

Girl lured by the convict to elope with him

According to the prosecution, the girl, a class 7 student, was lured by the convict to elope with him and subsequently he raped her. A complaint was lodged by the victim’s father on June 1, 2014, stating that he had received a phone call from the convict informing that the girl was with him and they would return after 3-4 days. The police tracked them at Trimbakeshwar and the girl's medical examination revealed that she had been sexually assaulted.

In her testimony, the girl said that the convict had given her a mobile phone and asked her to meet one night. He then took her to a temple and made her wear mangalsutra, saying that they have to pretend as a couple. Subsequently, he took her to various places like Aurangabad, Manmad, Nashik and Saputara and sexually assaulted her.

“With such a version coming from minor, there is no further requirement of other evidence to hold that there was forcible sexual intercourse. Her sole testimony is sufficient to hold the accused guilty. Therefore, the only inference that can be drawn is that accused had raped and forced himself upon the minor girl,” said the court.

In his defence, the teacher said that there was a quarrel between the girl and her parents and she confided in him. He averred that she intended to commit suicide hence to prevent her from doing so, he took her along on his planned trip.

No evidence to prove the claim

The court observed that the appellant did not give any evidence to prove his claim. “In our opinion, with such a plea he has accepted that he has taken away the girl with the ulterior motive of developing intimacy with her,” the court added.

However, the bench refused to enhance the sentence observing, “We are of the opinion that the quantum of sentence awarded by learned trial Judge would subserve the purpose of justice.”