Eleven-year-old Shanno Khan may not have died because of standing in the sun with bricks on her shoulders, Delhi police said.
The police told Delhi High Court on Thursday that they are yet to come across any evidence to prove that Khan’s teacher made her stand in the sun as a punishment.
This comes as a relief for Manju Rathee (26), the MCD schoolteacher, who has been booked for culpable homicide (304 A of IPC), punishable with imprisonment up to two years.
Police counsel Rajat Katyal said around 40 of Shanno’s classmates told investigators that the girl was not made to stand in the sun with bricks on her shoulders, as alleged.
“The children have said she was made to stand but inside the classroom and not in the sun,” the affidavit filed by the police stated.
Katyal said they are awaiting chemical analysis and viscera reports to come to a conclusion.
The child’s post-mortem report had said that Shanno died of “epileptic seizures” and she had “brain fever”.
Justice G.S. Sistani is hearing a petition filed by Shanno's father Ayub Khan, seeking lodging an FIR against the teacher under stiffer Section 304 (culpable homicide not amounting to murder with a jail term up to 10 years).
At present the schoolteacher is booked under a milder Section 304 A (causing death by negligent act) with a maximum sentence of two years.
Khan’s lawyer Rohit Kochar said the MCD teacher should be booked under stringent provisions, as she had “committed the act when she owed moral responsibility and legal obligation to protect the eleven-year-old”.