Under the Protection of Children from Sexual Offences Act, 2012, is a teacher's position over the student relevant to inferring sexual intent from physical contact?

Paragraph 4All that we wish to observe at this stage is that the High Court ought not to have ignored the fact that respondent No.1 was a teacher and the victims were his students. The preliminary statements recorded before the Police Authorities reveal that prima facie ingredients of offences under the POCSO Act, for the purpose of subjecting respondent No.1 to a trial, are made out. We are fail to understand as to how the High Court construed that Section 7 of the POCSO Act will not be attracted unless there is an act involving physical contact with sexual intent. Section 7 of the POCSO Act defines ‘sexual assailt’ to include situations where a person `with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration’. The allegations that respondent No.1 would hold the hands of female students in the computer lab while using the mouse clearly falls within the ambit of `any other act with sexual intent which involves physical contact’. In the context of a teacher-student relationship, where the teacher is in a position of authority and trust, such physical contact, when accompanied by other inappropriate behavior including asking invasive questions about sanitary napkins and sending vulgar images, provides sufficient basis to infer sexual intent for the purpose of proceeding with trial. The issue has been apparently pre-judged by the High Court without even permitting the victims to enter witness box and depose about various instances, which are briefly noted in their preliminary statements.