THE TEACHER of a Vasai school who was arrested after the death of a 13-year-old girl, who was allegedly made to do 100 situps, was granted interim bail by a court last week, with the court noting that the final opinion on the cause of death is yet to be received. Mamta Yadav was granted interim bail till the medical reports are received.
According to the case,Anshika Gaud, a Class 6 student died on November 14, with her parents alleging that she was hospitalised since November 10, two days after she was made to do 100 situps in school as punishment.
In the order passed on December 19, made available this week, additional sessions judge HS Satbhai said, “Prima facie it is the question that whether by giving that punishment, the accused teacher had intended that the student should die. So also the question is whether the teacher had knowledge that she is likely by such punishment to cause the death of the student.”
“Prima facie, neither any such intention nor knowledge in imposing the punishment of 100 situps to the student is appearing. Moreover, it is disputed that the student indeed underwent any such punishment of completing 100 situps. A final opinion is awaited from the medical officer whether the punishment imposed caused the death of the student,” the order added.
The court said that the primary opinion of medical officers of the forensic department given on December 19, says that excessive exercise by someone with a history of anemia may lead to several pulmonary edema, and death cannot be ruled out. The court said that this is a primary opinion, and investigation is still ongoing to see if the girl was suffering from anemia. “An investigation into whether she was already suffering from anemia or not is also necessary,” the court said.
The court said that until a final report is received or till the chargesheet is filed, Yadav can be released on bail with conditions including that she will cooperate with the probe and will not make an attempt to meet the girl’s parents or her relatives to pressurise them in any manner. “She shall not impose any such punishment which was given to the deceased girl to any student in future,” the bail conditions state.
The parents of the girl had alleged that on November 8, their daughter was made to do 100 situps by Yadav. They said that Anshika felt unwell after reaching home and later in the day, her condition worsened and she had difficulty breathing, and she was rushed to a local hospital. She was then transferred to state-run J J Hospital.
A complaint was filed by the local Waliv police based on the allegations, following which Yadav was arrested. Police have invoked section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita and under section 75 (punishment for cruelty to a child) Juvenile Justice (Care and Protection of Children) Act.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
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