Research › Search › Judgment

Kerala High Court · body

2024 DIGILAW 1273 (KER)

Sindhu Sivadas, W/o. Sivadas v. State Of Kerala

2024-10-07

A.BADHARUDEEN

body2024
ORDER : Sole accused in C.C.No.347/2022 on the files of the Judicial First Class Magistrate Court, Wadakkanchery, arising out of Crime No.1328/2021 of Wadakkanchery Police Station, Thrissur, who is the petitioner herein, seeks quashment of the proceedings on the submission that the allegation as to commission of offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘the JJ Act’ hereinafter), is not prima facie made out. 2. Heard the learned senior counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the statement of the juvenile including relevant records. 3. According to the prosecution, the petitioner herein committed offence punishable under Section 75 of the JJ Act, and the substratum where from the prosecution case emanates is that, the juvenile, who is an 8th Std. student of Bharathiya Vidya Bhavan School, Akamala, Thrissur, reached the school at 10.00 a.m. on 2.3.2020, to know about her result and also to purchase books for 9th Std., in the school bus, by wearing colour dress. According to the juvenile, there was no compulsion to wear colour dress during vacation. When she met the Principal on the corridor of the school, she wished the Principal. Thereafter, the Principal asked the juvenile, why she came in colour dress without wearing uniform and also commented that, since the juvenile is a person, having bulky physique, she should have worn the uniform. Later, she was sent back after getting uniform from the house and wearing the same. This is the way, in which, prosecution alleges commission of the above offence. 4. While pursuing quashment of the entire proceedings, the learned senior counsel for the petitioner pointed out that, the juvenile’s mother and the petitioner herein, are working in the same school as teacher and Principal, respectively. Prior to registration of this crime, the juvenile’s mother was given memo when it was noticed that she was careless in attending the examination duty. Thereafter, this crime was registered without any substance, as a retaliatory shield. The learned senior counsel also submitted that, insisting a student to wear uniform of the school, that too, during the academic period covered by the month of March, would not attract offence under Section 75 of the JJ Act and therefore, the entire prosecution is unwarranted and the same is liable to be quashed. 5. The learned senior counsel also submitted that, insisting a student to wear uniform of the school, that too, during the academic period covered by the month of March, would not attract offence under Section 75 of the JJ Act and therefore, the entire prosecution is unwarranted and the same is liable to be quashed. 5. Although the learned Public Prosecutor read out the statement of the juvenile in support of the prosecution case, the one and only allegation is questioning of arrival of the juvenile at the school without wearing colour dress instead of uniform and the insistence made by the Principal to change the dress by substituting uniform. 6. Section 75 of the JJ Act provides as under: 75. Punishment for cruelty to child.- Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both. Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal provisions of this section shall not apply in such cases. Provided further that if such offence is committed by any person employed by or managing an organization, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees. Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees. 7. 7. On scanning the above penal provision, unnecessary mental or physical suffering to a child, on account of assault, abandonment, abuse, exposure or wilful neglect of the child or causing or procuring the child to be assaulted, abandoned, abused, exposed or neglected, are the essentials to constitute the said offence. When a teacher insists for wearing uniform, on seeing a student, who reached the school in colour dress, the same is intended for the purpose of maintaining the discipline of the school in the matter of uniform dress code, and the same, in no way, could be held as as an act, which would cause unnecessary mental or physical suffering to the child, so as to attract the offence under Section 75 of the JJ Act. If, as part of maintenance of the discipline of the school when wearing of uniform dress is made mandatory, it is the duty of the students to obey the same, so as to keep the dignity and discipline of the school to impart education effectively. If such acts are given the colour of an offence under Section 75 of the JJ Act, the discipline of the school would become topsy-turvy and the same would disdainfully affect the discipline and the regiment of the school. Therefore, such disciplinary measures cannot be ushered into the purview of Section 75 of the JJ Act. In such view of the matter, the case at hand would require quashment, as offence under Section 75 of the JJ Act, is not made out, prima facie. In the result, this Crl.M.C. stands allowed. Annexure 8 Final Report and all further proceedings in C.C.No.347/2022 on the files of the Judicial First Class Magistrate Court, Wadakkanchery, arising out of Crime No.1328/2021 of Wadakkanchery Police Station, Thrissur, against the petitioner herein, stand quashed.