Hearing a case on the death of a six-year-old boy who drowned in Ryan International School, Vasant Kunj, a magisterial court has said that prima facie, there is material for constitution of offence against all six accused, including the administrator, principal and class teacher.
Police had filed a chargesheet against the six accused under IPC Section 304A (causing death due to negligence), with Metropolitan Magistrate Ambika Singh hearing arguments in the case. The court said that materials on record “definitely disclose grave suspicion” on the accused persons, and prima facie, IPC 304 part 2 will be applicable.
The court then committed the case to a sessions court, as the offence punishable is exclusively triable by a sessions judge. Punishment under IPC 304 part 2 is imprisonment up to 10 years, while it is imprisonment up to two years under IPC 304A.
According to court records, six-year-old Devansh went missing from class on January 31, 2016. Around 1 pm, his body was found in the water pump near the school amphitheatre. He was rushed to the hospital and declared dead around 1.50 pm.
The court said the case file and documents show that the tank was maintained in the school and children had easy access to it. “It was left unattended. There was no caution board, and no caretaker was deputed… The opening was covered with a temporary stone slab… Further, as per the CFSL report, the opening of the water tank is large enough that the child could fall even when cover was partially closed…” said Singh.
Some of the accused had applied for discharge and submitted various judgments to establish their claim. The court said some of the judgments relied upon by the accused’s counsel are primarily on merits.