Delhi HC quashes FIR against teacher for allegedly slapping toddler for failing to recite ABCD
New Delhi, Aug 6: The Delhi High Court has quashed an FIR against a teacher for allegedly slapping a three-year-old child nine years ago for failing to recite A, B, C, D.
The court passed the order noting that the teacher and the child's family intend to put a quietus to the proceedings arising out of a minor issue and pending for nine years, and that the settlement shall promote harmony between the parties and allow them to move forward in life.
"Also, the chances of conviction are bleak in view of an amicable settlement between the parties. Further, no past involvement of the petitioner (teacher) has been brought to the notice of this court," Justice Anoop Kumar Mendiratta said, adding that continuing with the proceedings would be nothing but an abuse of the process of the court.
An FIR was registered in 2015 on a complaint from the child's mother, alleging that when her son returned from school, he had injury marks on his face. The child informed his mother that as he was unable to recite A, B, C, D, he was slapped by the teacher.
The court noted that the child's statement was not recorded till police filed a chargesheet and the investigating agency never took the aid of a child psychologist or counsellor for the purpose of even ascertaining whether the three-and-a-half-year-old boy was in a position to correctly disclose the reason for a bruise on his face.
It noted that the chargesheet merely proceeded on the statement of the child's mother on assumption.
"Apparently, there was no motive on the part of the petitioner to cause any hurt and she categorically denied any such incident. Surprisingly, the metropolitan magistrate, after the filing of the chargesheet, vide order dated January 9, 2020, directed to record the statement of the victim in respect of an incident dated February 27, 2015, without even realising the value of such a delayed statement after a gap of five years," the court said.
It referred to a provision of the Right to Education Act that imposes an absolute bar on corporal punishment and mental harassment to a child that may take place in government or private schools for disciplining children.
The provision states that corporal punishment to a child in any form is deplorable, even though the motive may be to make the child realise that his act is unacceptable, wrong or disappointing.
Provisions under the Juvenile Justice Act also underscore the importance to uphold the dignity and rights of a child, the court noted.
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CPI(M) rebel Kunhikrishnan hopes for 5,000-vote win in Payyanur
Kannur (Kerala) (PTI): CPI(M) rebel candidate V Kunhikrishnan, who contested as a UDF-backed Independent from Payyanur here, on Saturday said he was hoping to win the Assembly election by a margin of 5,000 votes.
Kunhikrishnan was expelled from the CPI(M) earlier this year after raising allegations of corruption in the party’s martyrs’ fund against sitting MLA T I Madhusoodanan.
Speaking to a TV channel, Kunhikrishnan said he had announced his candidature as a mark of protest and not with expectations of victory.
However, he said the situation had changed drastically, with a strong undercurrent within CPI(M) votes favouring him.
"The undercurrent in CPI(M) votes cannot be measured. Now people are giving a response indicating victory with a margin of at least 5,000 votes," he said.
Payyanur is considered a CPI(M) stronghold, and a defeat for Madhusoodanan there would be a major setback for the party.
On political violence in Payyanur, Kunhikrishnan said he had been facing it since filing his nomination.
"The people leading this violence should think about how long they can continue it. It is the police which has to take the initiative to stop this violence as part of maintaining law and order. But the police are not intervening at the required level," he said.
Regarding his political future, Kunhikrishnan said efforts were underway to strengthen Left groups, and discussions were being held across Kerala in that regard.
"After discussing with others, a decision will be taken," he said.
Kunhikrishnan is among six former CPI(M) leaders who either exited the party or were suspended before contesting for the UDF in the April 9 Assembly elections.
Elections to the 140-seat Kerala Assembly were held on April 9, and the counting of votes will be held on May 4.
