The necessity for control over a minor under Section 75 of the Juvenile Justice Act for applicable charges.

O R D E R This Crl.M.C has been filed to give a direction to the 2nd respondent to conduct further investigation under Section 173(8)

of Cr.P.C.

2. The petitioner is the de facto complainant in Crime No.950/2016 of Kuruppampady Police Station. After investigation, final report has been filed against the accused, who are the 4th and 5th respondents, for the offences punishable under Sections 451, 341, 323 and 354 r/w 34 of IPC.

3. The 4th and 5th respondents appeared at the court below and they are on bail. It is submitted that the charge has already been framed against the 4th and 5th respondents under Sections 451, 341, 323 and 354 r/w 34 of IPC.

4. The prosecution case in short is that on 5.5.2016 at 4 pm, the 4th and 5th respondents trespassed into the house of the de facto complainant, assaulted her daughter Divya and the small child of Divya and caused injuries on them. The grievance of the petitioner is that even though the small child, the grand daughter of the de facto complainant, was assaulted no offence under the Juvenile Justice Act was incorporated. It is further alleged that in the final report there is no mentioning that the above said juvenile was assaulted.

5. I have heard Sri.Anoop V. Nair, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Senior Public Prosecutor.

6. In order to attract Section 75 of the Juvenile Justice Act , the accused must be the person having the actual charge of or control over a child. Admittedly, the 4th and 5th respondents do not have any control or they are in charge of the child. So Section 75 of the is not attracted. The learned counsel for the petitioner submitted that the wound certificate would show that the child sustained injury and the statement of the witnesses also would show that 4th and 5th respondents assaulted the child, but, still in the final report there is no mentioning that the child was assaulted. It is upto the court to frame charge after going through the final report. If the petitioner is aggrieved by the charge framed by the court below, it is open for her to move the court below to alter the charge. If any such application is filed, the court below shall consider and dispose off the same in accordance with law.

With these observations, this Crl.M.C stands dismissed.

Sd/-