ABHUTHAHIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the accused in Crime No.585 of 2019 of Vadakkencherry Police Station, which is pending as S.C. No.577/2023 on the file of the Additional Sessions Judge-I (Special Court), Palakkad. The offences alleged against the petitioner are punishable under Sec. 324 IPC and Sec. 75 of Juvenile Justice (Care and Protection of Children) Act 2015.

(2.) The prosecution case is that, on 16/9/2019, at about 10 a.m., while the victim who was a 5th standard student in Mambad CAUP School, along with other students in the class were engaged in attacking each other, the accused who was their teacher intervened with a cane and beat the children who were engaged in the clash, on their legs.

(3.) According to the learned counsel for the petitioner, the petitioner being a responsible teacher was only performing his duty to restrain the students who were attacking each other using sticks, in the process of maintaining discipline and that there was absolutely no intention for him to hurt the students. Therefore he prayed for quashing the proceedings against the petitioner.