A Case Of Pure Accident: Delhi HC Relief To Chairman & Teacher In Case Related To Death Of 12 Year Old Who Fell From 2nd Floor Of School Building

The Court was hearing a Petition under Section 482 of Cr.P.C. against the impugned Order that upheld the framing of Notice under Section 304A IPC.

The bench of Justice Neena Bansal Krishna observed, “The evidence, as collected by the IO clearly establishes that it was a case of pure accident that the child lost his balance while balancing his school bag and fell. Neither any negligence or recklessness can be attributed to the petitioners.”

Advocate Kshitij Sharda appeared for the Appellant and Advocate Sunita Arora appeared for the Respondent.

Brief Facts-

The prosecution's case concerns a tragic incident where a 12-year-old student from Rishabh Public School, Delhi, fell from the second floor after losing balance when he leaned over a railing. The incident resulted in his death. An FIR was registered, and a charge sheet was filed against the School's Chairman, and teacher on duty at the time. The CMM framed charges under Section 304-A IPC. After their revision was dismissed both the petitioners separately filed petitions under Section 482 Cr.P.C., challenging the framing of charges.

The Court said that it was not in the duty of the teacher who was on duty to ensure that no child leaves the room unattended nor was she responsible in any manner to accompany the child to the second floor. According to the Court, the accident happened, and it cannot be said that the teacher was in any way directly or indirectly responsible for negligence or rashness of any kind.

The Court perused the FSL Report and said that the height of the parapet was sufficient to prevent the fall, in the normal course.

“Unfortunately, it is not the height of the Parapet which was the cause of the fall but the child but because he lost his balance while leaning over the railing and adjusting his school bag.”, the Court added.

Accordingly, the Court set aside the impugned Order framing the Notice against the Petitioners under Section 304-A IPC.