A Delhi court recently granted bail to a teacher who was arrested in connection with the rape of a three-year old girl at a private school in Janakpuri.

Additional Sessions Judge Rohit Gulia of Dwarka courts observed that there was no injury on the child victim's body or private parts.

It also noted that the accused woman was not the only teacher present with the victim during the incident.

“There is no denial of the fact that the child victim was in the custody of the present applicant / accused during her stay in the school, but it is also true that one another class teacher was also there in the same class and moreover, the MLC of the child victim does not reveal any injury or redness or any other mark on the body of the child victim including her private part,” the Court said in its May 20 order.

In this case, the police complaint was filed by the minor child’s mother on May 1. 

Subsequently, a 57-year-old man, the clerk/caretaker at the school, was arrested under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sent to judicial custody. He got bail less than a week later.

The Delhi Police then moved the High Court challenging the accused man’s bail order. The High Court has sought a response from the accused on the plea seeking cancellation of his bail.

The allegations against the class teacher surfaced later during the course of the investigation, while recording the minor’s statement. She was arrested on May 13.

In her bail plea, the teacher argued that she has been falsely accused in the case as an afterthought to widen the scope of the prosecution.

The minor’s mother informed the Court that the family members of the teacher are threatening and intimidating her on social media. 

After considering the case, the Court granted bail to the accused woman. It noted that the child victim had not disclosed the role of her class teacher to her mother or doctor, and that her name was not mentioned in the complaint.

Judge Gulia recorded that the investigation with respect to the teacher is complete and that her judicial custody is not required.

However, the Court said that she will not attend school till the completion of the trial in the case. The Court further directed the accused woman's advocate to request her family to refrain from making remarks against the victim.

Advocates Sanjeev Mahajan and Kunal Mittal appeared for the accused teacher.

Special Public Prosecutor Anurag Kumar for the Delhi Police.

Advocates Vijay Dalal, Rishikesh Kumar, Sheenu Priya and Aman Kumar appeared for the complainant.