The Madhya Pradesh High Court has declined to suspend the five-year prison sentence or grant bail to a 62-year-old private tutor convicted of sexually assaulting a Class 9 student, ruling that the allegations point to an exploitation of fiduciary trust.
In an order passed on September 1, Justice Jai Kumar Pillai stated that the appellant occupied a position of trust as a home tuition teacher and appeared to have taken undue advantage of that role when the minor was alone in the residence. The court emphasized that the conduct falls squarely under the Protection of Children from Sexual Offences (POCSO) Act, 2012, significantly adding to the severity of the offense.
Court Rejects False Implication Defense
Evaluating the plea for interim relief pending appeal, the high court highlighted the age disparity between the 62-year-old appellant and the school-going victim, as well as the seriousness of the charge.
Justice Pillai observed that there was no documented history of hostility or prior dispute between the teacher and the student’s family. In the absence of any existing enmity, the bench concluded that the defense argument of deliberate framing was not convincing enough at this stage to justify releasing the convict on bail.
The bench clarified that while it was dismissing the application based on the nature, severity, and gravity of the crime alongside the record of evidence, it was not offering any view on the final merits of the pending appeal.
Arguments Raised by Defense
The decision came in response to an appeal filed by the tutor challenging his conviction and seeking bail while the matter remains before the high court.
Representing the appellant, advocate Nimit Shah contended that the appeal presented strong prima facie grounds. He submitted that his client ran the risk of serving a considerable portion of his sentence before the court could take up the matter for a final hearing.
Shah also argued that statements provided by prosecution witnesses contained contradictions and maintained that the surrounding circumstances suggested the teacher had been deliberately framed.
Case Background and Trial Conviction
The conviction stems from an incident that occurred in 2022. According to the prosecution, the tutor arrived at the minor student’s home to conduct tuition classes, found the girl by herself, and sexually assaulted her. The student managed to break free, locked herself inside a room, and subsequently alerted her family members, after which a criminal complaint was registered.
On August 11, the trial court found the 62-year-old guilty, sentencing him to five years of rigorous imprisonment alongside a cumulative fine of Rs 16,000.
