Additional Chief Judicial Magistrate Himanshu Chaudhary also ordered the teacher to pay Rs 50,000 to the student as compensation.
A Gandhinagar court has handed out a sentence of three years and three months to a schoolteacher who slapped a Class 9 girl for failing to do her homework, which resulted in rupture in her left eardrum. The court has also fined her Rs 50,000.
Additional Chief Judicial Magistrate Himanshu Chaudhary, who pronounced the judgment on January 30, also ordered the teacher to pay the fine amount to the student as compensation.
On January 1, 2020, the teacher of a private school in Gandhinagar city got enraged by the fact that the student had not done her homework and slapped her thrice on her left ear. As a result, the student suffered perforation/rupture of her left eardrum. Subsequently, the student’s father got an FIR registered with the Sector 21 police station under the provisions of the Indian Penal Code and the Juvenile Justice Act.
In all, the court examined 10 witnesses, including the girl student, her parents, and two doctors.
The court rejected the teacher’s defences like a delay in registering the FIR, independent witnesses not supporting the case, and the absence of documentary or electronic proof.
The teacher also claimed that the student’s parents had complained to the police after she complained to them that the girl was not doing her homework and acting on her whims.
At the time of deciding the quantum of punishment for the teacher, her advocate sought the minimum punishment. “The accused is suffering from cancer, and giving stricter punishment would deter teachers from disciplining students,” the advocate said.
While pronouncing the sentence, the court observed, “The Court is of the view that the offence involved three major factors, namely, (i) abuse of authority by a teacher, (ii) serious physical injury to a minor child, and (c) long-term medical consequences. Such factors outweigh mitigating circumstances…Moreover, no documentary evidence in support of the cancer ailment has been brought on record. The Court is conscious of the fact that the maximum punishment prescribed for the offences under which the accused has been convicted is of Seven (7) years. However, imposing punishment below the maximum prescribed reflects a balanced approach.”
Assistant Public Prosecutor Hasmukh Choudhary said the girl was still undergoing treatment for her injury.