Delhi HC Refuses To Discharge Teacher Accused Of Throwing A Child From Balcony In An Alleged Insanity Episode

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Synopsis

The court, refusing to discharge the teacher, remarked, “Do you think, if you were the parent of that child, you would accept the explanation that the teacher threw your child because she went insane?” 

The Delhi High Court, on Monday, dismissed a petition filed by a teacher seeking discharge from the case. The bench of Justice Neena Bansal Krishna expressing shock over the actions of the teacher raised a critical question regarding the teacher's mental fitness. 

The bench remarked, “If she is not mentally well, who appointed her as a teacher?”. The court further insisted on accountability, asking, “Who appointed her as a teacher? The principal must be called to provide clarity”. 

The judge further expressed deep concern, stating, “If she was not fit, she should have been dismissed immediately. How can you put children’s lives at risk?

Advocate Chirag Mudgal representing the teacher contended that, after reviewing the entirety of the case facts, the trial court had granted her bail under Section 328 of the Penal Code. The case was subsequently listed before the trial court for the supply of documents and compliance with Section 207 of the Criminal Procedure Code.

In response, the counsel for the state highlighted the severity of the situation, noting, “She bolted the door while people were banging on it, and she threw that girl”.

Advocate Chirag Mudgal argued that there was no prior medical history indicating insanity. It was further explained, “She is unable to comprehend what occurred that day.” 

Subsequently, Advocate Chirag Mudgal requested permission to withdraw from the case, emphasizing that a specific report from the medical department indicated the absence of mens rea, which was critical for the granting of the bail order.

Background:

The accused, Geeta Rani Deshwal, a 26-year-old teacher at Prathmik Vidyalaya allegedly attacked a Class V student, Vandana. The incident involved Deshwal using a pair of scissors to cut the girl's hair and subsequently throwing her from the first-floor balcony after locking the classroom door. 

Witnesses suggested that the attack occurred after Vandana was talking to her friends during class. Before the incident, Deshwal had instructed students to break their stationery items, which heightened the tension in the classroom. Following the attack on Vandana, she attempted to injure another teacher as the situation escalated.

The police were alerted by locals who witnessed the incident, leading to Deshwal's arrest on charges of attempted murder. Despite inquiries, Deshwal reportedly provided no explanation for her violent behavior.

[Inputs: Times of India]