G B GHATGE Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision by one G. 6. Ghatge, who is the Principal of the Hume High School, Victoria Gardens Road, Bombay, against his conviction under B. 823, Indian Penal Code, and the sentence of fine of Be, 1 imposed on him.

(2.) The complainant is one Abdul Jafiar Ismail Sheikh, a boy of about 16 years of age, who was a student in the 6 standard in the Hume High School, of which the accused applicant was the Principal. On 6 October 1947, in the morning the applicant was conducting 4th standard class. He then found that the complainant had been driven out of his class by Mr. Saraf, who was then teaching Algebra to the students in the 6 standard. The applicant enquired from Mr. Saraf and was informed by him that the complainant had misbehaved in the class. There is some dispute with regard to the nature of the misbehaviour, bat that is not material for the purposes of this case. The applicant then gave some strokes with a cane to the complainant on his body. The applicant's case is that he had given only two cuts with a cane on one of the hands of the complainant, while, according to the complainant, he was given five Cr six strokes, two on one of his hands and three Cr four on other parts of his body. The learned Magistrate has accepted the complainant's statement on this point; and we must accept that finding, as it is on a question of fact.

(3.) The material question in this case, however, is whether the applicant is guilty of any Criminal offence. There is no doubt that in English law it is recognized that a school master may inflict corporal punishment on a pupil for purposes of correction Cr enforcing school discipline. In Segina V/s. Hopley (I860) 2 F. & F. 202, cockburn C. J. has observed (p. 206): By the law of England, a parent Cr a school master (who for this purpose represents the parent and has the parental authority delegated to him), may (or the purpose of correcting what is evil in the child inflict moderate and reasonable corporal punishment, always, however, with this condition, that it is moderate and reasonable. In Mansell V/s. Griffin, (1908) 1 K. B. 160, it has been held that a teacher in a public elementary school has authority to inflict corporal punishment on a pupil, if the punishment inflicted is moderate, is not dictated by any bad motive, is such as is usual in the school, and such as the parent of the child might expect that the child would receive if it did wrong. See also Rex V/s. Newport (Salon) Justice Wright, Ex parte (1929) 2 K. B. 416 and Cleary v, Booth, (1898) 1Q.B. 463 : 62L.J.M.C. 87).