IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Crl.MC.No. 3955 of 2005() ------------------------- JC.5/2004 of JUVENILE JUSTICE BOARD(CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA) .................... PETITIONER(S): --------------- SEBASTIAN. T.V., AGED 40 YEARS, S/O. WILLIAM, THERATHU, PALLITHODU P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): COMPLAINANT & ACCUSED: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KEVIN, S/O. JAIKO, VELIYIL VEEDU, WARD NO.13, MARARIKULAM SOUTH PANCHAYATH, ALAPPUZHA DISTRICT. 3. MARY AGULINE @ REKHA, D/O. ANDREWS, KALATHIL VEEDU, WARD NO.1, KUTHIYATHODU PANCHAYATH, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU SRI.S.SANTHOSH KUMAR FOR R2 SRI.VIVEK VARGHESE P.J. FOR R3 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.14435/05 IN CRL.M.C.NO.3955/05 //DISMISSED// 13.3.09 SD/-M.C.HARI RANI, JUDGE. TRUE COPY P.A.TO JUDGE M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.3955 OF 2005 ----------------------------------------------------- DATED THIS THE 13th DAY OF MARCH, 2009 O R D E R The petitioner herein is the brother of deceased Paul who has been murdered in the incident occurred on 22.4.2003. The prayer in this petition filed under Section 482 of Cr.P.C. is to quash the proceedings against accused Nos.7 and 10 in Crime No.84/03 of Kuthiyathodu Police Station pending before the Juvenile Justice Board(Court of C.J.M.), Alappuzha as Juvenile Case No.5/04 and to direct the Board to commit the case to the Court of Sessions, Alappuzha for trial, along with the other accused. 2. Heard the learned counsel appearing for the petitioner and respondents 2 and 3 who are accused Nos.7 and 10 respectively in the above case. Heard the learned Public Prosecutor appearing for the first respondent. 3. The grievance of the petitioner herein as seen from the allegations in this petition is that accused Nos.7 and 10 who are respondents 2 and 3 respectively were sent to the Juvenile CRL.M.C.No.3955/05 -2- Justice Board (Court of C.J.M.), Alappuzha for trial of the offences punishable under sections 143, 147, 148, 109, 324, 326, 307 and 302 read with Section 149 IPC on finding that they were juveniles at the time of the alleged incident. The petitioner believed that accused Nos.7 and 10 are not entitled to get the benefit of the provisions of Juvenile Justice(Care and Protection of Children) Act, 2000 for the reason that they have already crossed 18 years of age at the time of commission of the offence, whereas, in the charge sheet their age was shown as 17 years which is not correct. 4. It is submitted by the learned counsel appearing for the 7th accused, who is the second respondent herein that the date of birth of the 2nd respondent is 19.11.1985. It is submitted by the learned counsel for the 3rd respondent who is the 10th accused that her date of birth is 8.9.1985 and they have got documents to substantiate the same. So, the age of the respondents 2 and 3 on the date of the alleged incident on 22.4.2003 was 17 years 5 months and 17 years 7 months respectively, which would go to show that they were juveniles at the relevant time and should be tried as per the Juvenile Justice (Care and Protection of Children )Act, 2000. The concerned court can very well ascertain the correct age of the accused by conducting an CRL.M.C.No.3955/05 -3- enquiry regarding the same, if it is disputed by the complainant or by the petitioner herein. Considering the facts and circumstances of this case, I find that there is no merit in this petition, which is liable to be dismissed. In the result, the Crl.M.C. is dismissed. M.C.HARI RANI, JUDGE. dsn