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KAUSER EDAPPAGATH
Jaya, W/o. Anil Kumar – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent
ORDER :
1. This Criminal revision petition has been filed by the sole accused in SC No.692/2014 on the file of the Additional Sessions Court, Ernakulam (for short, the Court below) u/s 397 r/w 401 of the Code of Criminal Procedure (for short, Cr.P.C.) challenging Annexure A4 charge framed against her.
2. The revision petitioner/accused was the class teacher of the Standard VI in DDS High School, Karimbadam, Paravur. The de facto complainant/3rd respondent was a student in the same class. The 4th respondent is his father. The prosecution case in short is that on 27/6/2011 at about 11.00 a.m., at the class room, the revision petitioner, due to enmity towards 3rd respondent for the delay in taking out textbook and with the intention to cause hurt, attempted to beat him with a cane on the top of his right elbow, but when he suddenly turned his face up, the butt of the same touched his right eye corneal causing abrasion and, thus, committed the offences punishable u/s 324 of the Indian Penal Code (for short, the IPC) and S.23 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, the JJ Act).
3. The revision petitioner appeared at the Court below. She was released on b
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Corporal punishment by a teacher may not constitute an offence if it is performed with a bona fide intention to maintain discipline, as established under relevant IPC and JJ Act provisions.
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The intention or knowledge of an accused under Section 308 IPC has to be ascertained only prima facie at the stage of charge, based on the injury caused to the victim.
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