Omkar is a teacher in a Government school. Vimala was a student reading in said school. Vimala alleged, Omkar had sexual intercourse with her on putting her to fear, she would be failed. She was studying in Class VII for 3 years. Trial Judge found her to be more than 18 years.
Whereas under Section 376(2), IPC there is no consent at all, under Sections 376B, 376C and 376D, there would be consent obtained by taking undue advantage. If a student and a teacher fall in love with each other, same would not mean, undue advantage of an official position.
A custody must be a lawful custody. For attracting Section 376B, sexual intercourse must take place where Prosecutrix is in custody. In this case, Prosecutrix categorically admitted, same took place outside school precincts. Section 376B is not satisfied.
– Hon’ble Judges S.B. Sinha and Markandey Katju, Omkar Prasad Verma v. State of Madhya Pradesh, (2007) 4 SCC 323.