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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Jissy S W/O. M K Manikandan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to the proceedings against them. (Para 1 , 2 , 3) |
| 2. arguments regarding lack of engagement in child labor. (Para 4 , 6 , 10) |
| 3. court's observation on legal standards for charges. (Para 5 , 7 , 8) |
| 4. assessment of witness statements against statutory requirements. (Para 11 , 12) |
| 5. court's decision to quash the proceedings. (Para 13) |
ORDER :
The 1st accused in S.C.1154 of 2023 on the file of the First Additional Sessions Court, Palakkad arising out of crime No.473 of 2018 of Sreekrishnapuram police station, preferred this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, BNSS ), praying for quashing all further proceedings against him. The offences alleged against the petitioner along with the other accused persons are under Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act (In short, JJ Act).
2. The prosecution case is that the accused persons 2 and 3, with the intention to make profit, brought CWs 6, 7, 8, 10 to 18 from Jharkhand and Bihar and engaged them for labour in the rubber band manufacturing unit by name 'Classic Rubbers' conducted by the 1st accused in building No.12/237 of
The court established that mere licensing does not imply control or charge over child laborers under Sections 75 and 79 of the Juvenile Justice Act.
The courts cannot charge a stranger to a child under offences relating to child abandonment and cruelty under the applicable statutes.
No case under IPC or JJ Act established as victim was not in bondage.
Employment of a minor in non-hazardous work does not constitute an offence under the Juvenile Justice Act, 1986, unless evidence of mistreatment or hazardous conditions is presented.
Insufficient prima facie evidence can lead to quashing of charges under trafficking statutes.
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