A special court in Mumbai has rejected bail to the eldest of the three brothers who were accused of repeatedly sexually assaulting a minor student at a coaching centre run by them. It had earlier granted bail to the other two men who were arrested in September.
The police registered a case after a child development centre, where the victim confided about the sexual assault to a counsellor in March, approached the police.
“On perusal of the First Information Report (FIR), prima facie, it is seen that a serious role has been attributed to the present applicant/accused. It is also necessary to consider here that there is a student and teacher relationship between victim and accused. Investigation has not yet been completed,” the court said, rejecting the bail of the eldest brother, aged 27, on November 18. The accused, also a teacher, is likely to move the high court.
According to the police, the girl was sexually assaulted for nearly two years, between 2022 and 2023 taking advantage of the situation that her parents were divorced.
However, on October 18, the court allowed the bail plea of two younger brothers, imposing stringent conditions on them, including that they cannot reopen the coaching centre at the same address or contact the victim, her family members or any other students of their classes or any persons connected with the case till the conclusion of the trial. It had said that the investigation officer had not made any submissions of any pending discovery to be made from the two accused.
The two had claimed that they were falsely implicated owing to business rivalry among coaching class centres and that the prosecution’s case was concocted and doubtful as the victim had remained silent for nearly two years. The prosecution had opposed the plea stating that the offence was serious and the witnesses include students who could be influenced if the accused are allowed bail.
In November, the eldest brother had sought bail on grounds of parity, stating that since the other two were granted bail, he can be released too. The court said that the role attributed to the other two brothers differs from the eldest brother and hence relief on grounds of parity cannot be considered.
According to the statement of the counsellor, one of the accused gained the victim’s trust, took her out for movies, and allegedly touched her inappropriately.
The police had registered a case under relevant sections of molestation, rape, unnatural sex and criminal intimidation of the Indian Penal Code and Protection of Children from Sexual Offences Act (Pocso), 2012.
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