Teacher charged under Section 304 A (causing death by negligent act) for Corporal punishment of asthmatic child
15 May 2009
NEW DELHI: The Delhi police on Thursday ruled out invoking Section 304 of IPC (culpable homicide not amounting to murder) against the MCD school teacher who allegedly inflicted corporal punishment on Shanno.
According to the police, Section 304 is a stringent charge which carries a higher sentence than Section 304A (death due to negligence) currently slapped on Manju Rathee, the MCD school teacher. The police also informed HC in its report that evidence collected till now in the form of testimonies of 40 students shows that Shanno, the victim, was not made to stand out in the sun as alleged by her family but was punished inside the class. "The testimonies given by 40 students of class II prove that Shanno was punished in the `murga position' inside the class and not in the blazing sun,'' the police report said.
Appearing for Delhi Police, lawyer Rajat Katyal maintained that even though FSL reports of Shanno are awaited, initial reports suggest she died due to an epileptic seizure. Katyal further told HC that probe is on into the case after which HC kept the matter for May 24.
Meanwhile the Delhi Protection of Child Rights Commission (DPCRC) also approached HC saying it was also probing into the circumstances leading to Shanno's death. HC then asked the child rights panel to submit its detailed report of the probe into the death of the 11-year-old student.
The court was hearing a petition by Shanno's father seeking action against the teacher. He has also demanded a compensation of Rs one crore. Shanno slipped into a coma on April 15 after she was allegedly punished by her teacher for failing to recite English alphabets. She died two days later. The father had alleged that she died as the teacher made her stand in the sun for two hours with bricks on her shoulders. In the petition, he also sought the court's direction for registration of an FIR under Section 304 of the IPC. Police have registered a case, but under Section 304 A (causing death by negligent act). The petition sought action against the teacher under the relevant provisions of law because, it argued, she had a legal obligation to protect students.