The petitioner herein has been arrayed as the sole accused in the

instant Crime No.130/2019 of Vellerikundu Police Station, Kasargode,

which has been registered for offences punishable under Secs.341, 323,

294(b) of the Indian Penal Code and Sec.75 of the Juvenile Justice (Care

and Protection of Children) Act, 2015.

2.

The petitioner/accused aged 48 years is none other than the

father of the minor victim girl aged 17 years involved in this case. The

prosecution case in short is that on 07.06.2019 at about 4.30 p.m., the

petitioner/accused had manhandled the minor victim girl and showered

abuses on her and had restrained her and kicked her with the leg and

pressed her by the neck and assaulted her, whereby she suffered injury and

that the petitioner after being intoxicated the liquor frequently assaulted

the victim girl’s mother as well as the victim girl and that he used to lift his

lungi and indulged in exhibitionism, etc.

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3.

Learned counsel for the petitioner would point out that the

abovesaid allegations have been falsely foisted on the petitioner and that

the minor victim girl had the habit of driving the car in the house even

though she was not having a driving licence and the petitioner used to

frequently scold her and it is only on account of that, the minor victim girl

out of her immaturity has made the abovesaid false allegations, etc.

4.

Per contra, the learned Public Prosecutor would point out that

the allegations disclosed against the petitioner are serious and that even

the brother of the minor victim girl (who is the son of the petitioner

herein), has also given a statement that the petitioner used to frequently

assault him, the minor victim girl as well as his mother.

5.

Learned counsel for the petitioner would alternatively plead

that the offence as per Sec.75 of the Juvenile Justice (Care and Protection

of Children) Act, 2015 is a non-bailable offence as the maximum

punishment that would be imposed in that case is imprisonment for a term

which may extent to three years, etc. Sec.86 of the Juvenile Justice (Care

and Protection of Children) Act, 2015 deals with classifications of offences

and reads as follows:

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“86. Classification of offences and designated court.-

(1) When an offence under the Act is punishable with imprisonment for

a term more than seven years, then, such offence shall be cognizable, non-

bailable and triable by a Children’s Court.

(2) Where an offence under this Act is punishable with imprisonment

for a term of three years and above, but not more than seven years, then, such

offence shall be cognizable, non-bailable and triable by a Magistrate of First

Class.

(3) Where an offence, under this Act, is punishable with imprisonment

for less than three years or with fine only, then, such offence shall be

non-cognizable, bailable and triable by any Magistrate.”

6.

It can be seen from a mere reading of sub-section (2) of Sec.86

that where an offence under the said Act is punishable with imprisonment

for a term of three years and above, but not more than seven years, such

offence shall be cognizable, non-bailable and triable by a Magistrate of First

Class. In the instant case, the maximum punishment that could be

awarded by way of imprisonment is upto three years and therefore it goes

without saying that the said offence under Sec.75 of the Juvenile Justice

(Care and Protection of Children) Act, 2015 would come within the

pigeonhole of sub-section (2) of Sec.86. The said offence cannot come

within Sec.86(1), which deals with offences which are punishable with

imprisonment for a term for more than seven years. The said offence as

per Sec.75 of the Juvenile Justice (Care and Protection of Children) Act,

2015 also cannot come within the pigeonhole of sub-section (3) of Sec.86,

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inasmuch as the said sub-section deals with offences which are punishable

with imprisonment for less than three years. Accordingly, it is only to be

held that the offence punishable under Sec.75 of the Juvenile Justice (Care

and Pro