Mumbai: Ruling out the allegations of alleged repeated sexual assault on minor student, the special POCSO court in its detailed order granting bail to Bipasha Kumar, former teacher of Bombay Scottish School, has said that their relation was consensual and the boy is above 16 years of age.
Accused Teacher Bipasha Kumar Was Arrested on June 29
Kumar was arrested on June 29, on the complaint of the victim, a minor boy, a student from the same school, alleging that she forced him into a relationship and allegedly sexually exploited him over a year.
Court Says Victim Is Above 16; Relationship Was Consensual
The special POCSO judge Sabina Malik, however, while granting her bail said, “the victim is above 16 years. From the record, there is evidence from both the sides showing that there was a consensual relation subsequently. As the accused had resigned from the school, the relationship of a teacher and student no longer existed and hence, the influence was diluted.”
The court, narrating the contents of the complaint lodged by the victim boy, has noted that ‘the informant is a 17 years old student studying in XII standard. In the year 2023, informant was in XI standard, applicant was a teacher in informant's school. She had organized a theater play. Informant was participating in the play and during this period, they became acquainted with each other.’
Victim’s Allegation Includes Alcohol, Antidepressants, and Co-Accused Friend
‘On October 21, 2023 at 11.00 pm, Kumar called an informant on phone and discussed the play and tried to get close to him. After two days, she again called and proposed to the informant. They talked on calls. On December 26, 2023 between 7.30 pm to 8.00 pm. Kumar picked up the boy in her car. After parking the vehicle, she attempted to get close to the boy but he denied the same. Subsequently, Kumar got him acquainted with her friend, the co-accused,’ the court noted in the order, adding that the boy had alleged that the teacher and her friend gave him antidepressant pills.
It is further noted that on January 21, last year, the teacher allegedly called the boy at Mahim and both of them consumed alcohol later, the teacher allegedly sexually assaulted him. This he claimed was repeated for over a year till the case was lodged.
Defence Argues FIR Is Motivated by Family’s Disapproval
Kumar’s lawyer Neeraj Yadav had claimed that the POCSO Act is not to criminalize consensual love where no exploitation or abuse is involved. Bail may be granted in POCSO cases where the facts will be a consensual relationship.” Yadav had referred to all the mails and messages shared between the two wherein the boy called her his wife.
“It is a motivated FIR where presumably the parents thought that this was perhaps the best way to get rid of their son's love and desire for the applicant because once the informant would become a major, he could not be stopped or prevented from being with the applicant (teacher),” Yadav had claimed.
Victim Opposed Bail Citing Threats, Fear of Tampering with Evidence
The plea was opposed by the victim, saying, in case the applicant is released on bail, she will once again find ways to manipulate or intimidate, threaten and harm his life and also, she will tamper with the evidence. Hence, the application is sought to be rejected.
The court however, said, the trial will take time to commence, in the meanwhile nothing fruitful would be gained by keeping the accused behind bars.”
