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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New Delhi: The countdown has begun for the counting of votes for the Assembly elections in five states that have captured the attention of people across the country.
The counting of votes for the Assembly constituencies of West Bengal, Tamil Nadu, Kerala, Assam and the Union Territory of Puducherry will begin simultaneously at 8 am, and the fate of candidates in a total of 824 constituencies will be decided shortly.
The counting of postal ballots will take place first, followed by the counting of EVM votes in several rounds.
► DMK candidate in Thiruchirapalli KN Nehru behind TVK's G Ramamoorthi by 292 votes
► The BJP has taken an early lead in West Bengal, while Mamata Banerjee faces tough competition
► TVK head Vijay leads in Perambur constituency
► M. K. Stalin is leading in Tamil Nadu’s Kolathur constituency.
► AIADMK leader Edappadi K. Palaniswami is leading in Tamil Nadu’s Edappadi constituency
► In Puducherry, BJP is leading in 3 seats.
► In Assam, BJP is leading in 56 seats, while Congress is leading in 12 seats.
► Suvendhu Adhikari leads in both Bhabanipur and Nandigram
► West Bengal CM Mamata Banerjee faces setback in Bhabanipur constituency
► Bhupen Borah, who recently left Congress and joined the BJP, is leading in Assam’s Bihpuria constituency
► Assam CM Himanta Biswa Sarma is leading in Jalukabari constituency
► BJP leader Suvendu Adhikari is leading in West Bengal’s Nandigram constituencyFive-state elections: Postal vote counting begins
► TMC, BJP lead in one seat each in West Bengal
► In Tamil Nadu, DMK leads in 3 constituencies, while TVK leads in 1
► UDF leads in 5 seats in Kerala, BJP in 1, LDF in 1
► BJP leads in 2 seats, AIUDF in 1 in Assam
► AINRC leads in 1 constituency in Puducherry
► TMC leads in 5 seats in West Bengal; Mamata Banerjee’s party maintains initial lead
► Tamil Nadu Chief Minister M.K. Stalin leads in Kolathur
► BJP takes early lead in Assam
► Congress-led UDF leads in Kerala
► Tamil Nadu, TVK chief Vijay leads in the Perambur constituency, lags in Tiruchirappalli South
► BJP leads in 10 seats in Assam
► LDF candidate V.P.P. Mustafa leads in the Thrikkaripur Assembly constituency
► Out of 294 seats in West Bengal, BJP is leading in 14 seats, TMC in 12 seats, Congress in 2 seats
► Out of 234 seats in Tamil Nadu, DMK is leading in 15 seats, AIADMK is leading in 5 seats, TVK is leading in 2 seats
► Out of 126 seats in Assam, BJP is leading in 31 seats, Congress in 4 seats, AIUDF in 2 seats.
► Out of 30 seats in Puducherry, NRC+ is leading in 3 seats, Congress in 2 seats, TVK in 1 seat.
► Congress’ Adhir Ranjan Chowdhury suffers a setback in theBerhampore constituency in West Bengal.
