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2014 Supreme(Ker) 183

P.UBAID
Alice – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner:V.A. Johnson, (Varikkappallil), Advocate.
For the Respondent: Bindu Gopinath, Public Prosecutor.

Judgment :

1. Petitioner herein is the sole accused in S.C. No. 140/12 pending before the Court of Sessions, Palakkad. In the said case she is being prosecuted under Sections 23 and 26 of Juvenile Justice (Care & Protection of Children) Act (hereinafter referred to as 'the Act'). The prosecution case is that three minor girls were found employed in the house of the petitioner herein for hard manual labour, domestic works etc., when the Sub Inspector of Police, Ottappalam conducted a search in the said house on the basis of reliable secret information. The minor girls were taken into custody by the Sub Inspector for the purpose of rescuing them as provided under the Act, and a crime was registered against the petitioner. The said prosecution is sought to be quashed under section 482 Cr.P.C. on the ground that such prosecution under Sections 23 and 26 of the Act is not legally sustainable. The case of the petitioner is that for a prosecution under Section 26 of the Act, there must be allegations of hazardous employment and also exploitation without making proper and adequate wages/salary.

2. On a perusal of the case records including the final report submitted by the police and the s




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