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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 :
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 Sreekrishnapuram panchayat, during the period from 18.1.2018 till 19.6.2018 and subjected them to work in unsafe atmosphere and thereby they alleged to have committed the aforesaid offences.
4. On the other hand, the learned Senior Public Prosecutor Sri.Vipin Narayan strongly opposed the prayer for quashing the proceedings and prayed for dismissing the petition.
Whether the allegations against the petitioner makes out the offences under Section 75 and 79 of the JJ Act ?
7. For the purpose of convenience, Sections 75 and
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.
Burden is upon prosecution to establish that juvenile was employed by petitioner for doing some hazardous work without making adequate payment of salary or wages.
The conduct of reprimanding a child did not constitute cruelty under the Juvenile Justice Act.
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