New Delhi: The Supreme Court on Saturday passed its verdict on the rather sensitive issue of infatuation between a pupil and the teacher.
The apex court held — "If a student and a teacher fall in love with each other, the same would not mean that the teacher has taken undue advantage of his official position."
A bench comprising Justices S B Sinha and Markandey Katju held that the physical relationship between a teacher and a student cannot be termed as rape unless the allegations of the victim having been seduced or induced by a public servant occur when the victim was in his custody.
While passing the judgement, the bench gave a clean chit to a Madhya Pradesh government school teacher Omkar Prasad Verma, who was sentenced to two years imprisonment and a fine of Rs 1,000 for raping a student.
Verma was accused of threatening a class seven girl that he would fail her if she did not oblige him. And when she became pregnant, he made her undergo an abortion.
In her complaint — lodged in 1997 — the girl alleged that she was 13-and-a-half-year-old when the incident occurred and was blackmailed by Verma. However, later it was proved that she was 18-years-old in 1997.
The trial court held that since she was over 18-year-old and a consenting party, Verma be acquitted of rape charges but be convicted under Section 376B of the Indian Penal Code (undue influence exercised by a public servant when the victim is in his custody).
Verma approached the Supreme Court after the Madhya Pradesh High Court dismissed his appeal.
The apex court noted that the physical relationship was the outcome of mutual consent and since the incident took place outside the school, it cannot be said that the victim was in his custody.
(With PTI inputs)
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