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Vaishu   15 June 2018

class moot court

I am gonna moot for the first time..pls help me framing relevant issues of law and other mooting tips regarding the following problem:



In a school name ABC, Anurag, the school teacher, founded that Sameer, a student of std. 8, was misbehaving in class. To punish Sameer, Anurag sent him to the adjoining classroom and asked him to write an essay on good behavior. Sameer was locked inside the room and was informed that the door will open as soon as he completes his essay. Sameer while writing the essay, falls asleep and did not wake up until the classes were off. That day Chowkidar Gajanan was supposed to clean all the classrooms and lock them from outside. Chowkidar Gajanan instead asked peon Kashiram to do that job that day. Kashiram did not open the classrooms to clean them, but instead locked the room from the outside without opening them. Sameer could possibly climb on a chair and come out through a small window in the room. Sameer did not reach home and his parents made enquiry in the school. On enquiry by Sameer’s parents Chowkidar Gajanan informed that there was no child in the school. Next day, when the school reopened, Sameer was found unconscious in the school. He was immediately rushed into the hospital and his parents were informed. Sameer died in the hospital because of suffocation. About hearing the death of her son Sameer’s mother suffered nervous shock. She was hospitalized immediately and remained hospitalized for two months. The doctors declared that she has suffered permanent mental disorder because of the shock. Sameer’s father had to take two months leave to attend his wife in the hospital and his temporary service in a private firm was terminated. Sameer’s father filed a case against the school authorities, the teacher Anurag and Chowkidar Gajanan for negligence and other damages.


Learning

 1 Replies

Siddharth Jain   15 June 2018

only the teacher can be held liable as he had no right to detain the child alone in the classroom as well as due to his negligence he didn't even bother to open the classroom afterwards. the punishment given by the teacher is by no means is acceptable as per law and Anurag shall be held liable for causing death due to his negligence under section 304 a IPC.
chaukidar Gajanan could not be held liable in such case as no where it is mentioned that he was aware of the fact that Sameer was locked inside. also he was not destructed by Anurag to release Sameer who was locked inside the class.

for any other doubt feel free to contact me at isidjain1@gmail.com

Regards.

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