Summary
The Supreme Court upheld the finding that a teacher assaulted a child with a stick, causing loss of sight in one eye, but changed the conviction from Section 326 to Section 325 IPC because the stick was not proved to be a dangerous weapon. The child’s preparation for court procedure did not establish tutoring about the incident. Imprisonment was reduced to one year, with an additional Rs 50,000 fine payable as compensation to the child.
Issues
- Whether the child’s evidence and corroborating witnesses justified reversal of the trial acquittal.
- Whether the proved assault attracted Section 326 or Section 325 IPC and what sentence was appropriate.
Provisions considered
- Sections 325 and 326, Indian Penal Code, 1860Absence of evidence that the stick was a dangerous weapon required substitution of the conviction under Section 326 with one under Section 325 for voluntarily causing grievous hurt. (¶ 12–14)
Held
- A child unfamiliar with court proceedings may need to be told about the procedure and the need to recount the occurrence. His acceptance of a suggestion that he was tutored did not establish that he had been tutored to give a false account of the incident and did not justify discarding his testimony. (¶ 9)
- The contradictions between the eyewitnesses did not undermine their credibility; their consistent account was corroborated by another witness and the medical evidence. The High Court rightly reversed the acquittal on its appreciation of the evidence. (¶ 10–11)
- Although the stick was produced, no material established that it was a dangerous weapon. The conviction therefore fell under Section 325, rather than Section 326. In view of the passage of time and the circumstances, imprisonment was reduced to one year with an additional fine of Rs 50,000. (¶ 12–14)
- The fine was payable as compensation to the injured child, with three months’ imprisonment in default. Imprisonment already undergone was to be set off, and the appellant was required to surrender within four weeks, failing which he would be taken into custody. (¶ 14–17)
Result
Appeal partly allowed: conviction changed to Section 325 IPC; one year’s imprisonment and additional Rs 50,000 fine as compensation, with three months in default. Surrender within four weeks.