Journalism of Courage
Tutor who ‘took advantage of trust’ in student sexual abuse case gets no court relief
Noting that the convict was engaged as a tuition teacher and occupied a position of trust, which he took undue advantage of, the Madhya Pradesh High Court refused to suspend his sentence and denied him bail.
The allegations indicated that the teacher took undue advantage of his position of trust when the Class 9 student was alone at home. (Image generated using AI)
The Madhya Pradesh High Court has refused to suspend the five-year prison sentence of a 62-year-old home tuition teacher convicted under the POCSO Act for sexually assaulting a Class 9 student. The court noted that the allegations suggest that he took undue advantage of his position of trust when the minor was alone in the house.
Justice Jai Kumar Pillai was dealing with the teacher’s plea for suspension of his jail sentence and grant of bail during the pendency of his criminal plea. “The appellant was engaged as a home tuition teacher and was in a position of trust. The allegations suggest that he took undue advantage of his fiduciary relationship with the minor student when she was alone in the house,” the court said on September 1.
It noted that such an act fell squarely within the stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, amplifying the gravity of the offence.
Assault, trial, conviction
The case arose from allegations that the teacher sexually assaulted the Class 9 student in 2022. According to the prosecution, the teacher visited the minor’s house for tuition, found her alone, and allegedly sexually assaulted her. The girl escaped and locked herself in a room before informing her family. A case was soon registered.
Justice Jai Kumar Pillai observed that there was no prior enmity or dispute between the petitioner and the survivor’s family.
The trial court convicted the petitioner on August 11, sentencing him to five years’ rigorous imprisonment and a cumulative fine of Rs 16,000. He then approached the high court seeking suspension of his sentence and bail during the pendency of his appeal.
Appearing for the petitioner, advocate Nimit Shah submitted that at first glance, he had a strong case in appeal but is likely to undergo a substantial part of the sentence before the appeal is heard. He also pointed to inconsistencies in the versions of the prosecution witnesses, and claimed that circumstances suggested the deliberate creation of an opportunity to frame the teacher.
‘No prior enmity’
The court noted that the case involved serious allegations of sexual assault against a minor school-going girl. The petitioner was 62 years old, while the survivor was a minor.
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It observed that there was no prior enmity or dispute between the petitioner and the survivor’s family. Therefore, his defence of false implication did not appear convincing enough at this stage to justify suspension of his sentence.
It noted that the petitioner was engaged as a home tuition teacher and occupied a position of trust. The allegations indicated that he allegedly took undue advantage of this relationship when the minor was alone at home.
Considering the nature, severity and gravity of the offence, the evidence on record and other circumstances, the court declined to suspend his sentence, while clarifying that it was not expressing any opinion on the merits of the appeal.
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