The Mexican Supreme Court ordered the "immediate release" of a female teacher involved in the controversial case of a boy raped by two male teachers, who are fugitives.

Magdalena Garcia Soto's release was ordered because "there is insufficient evidence to clearly show that she was involved" in the rape, the Supreme Court said.

The boy has accused Garcia Soto of being an accomplice of teachers Salvador Perez Ramirez and Hugo Constantino Garcia in the case.

The Supreme Court threw out the sentence imposed by a lower court in the southern state of Oaxaca, where Garcia Soto was given six years and eight months in prison for her role in the rape.

The high court, however, said that while it was ordering Garcia Soto's release due to lack of evidence, it was "not affirming that the convicted was innocent."

The two male teachers, Perez Ramirez and Garcia, will still be prosecuted, but their defense attorneys may invoke the Supreme Court ruling in their cases, a source close to the proceedings told Efe.

Leticia Valdez, the mother of the victim, alleged in 2007 that her 4-year-old son had been raped at a school in Oaxaca city, the state capital.

One of the male teachers is married to the principal of the school where the incident allegedly occurred.

The Supreme Court's ruling is disappointing, Valdez told Radio Formula.

Victims should not report rapes unless they have "political power, economic power or the power to corrupt," Valdez said.