IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WA.No. 65 of 2009() ------------------- {IN WPC.28899/2005 OF THIS COURT} .................... APPELLANT(S): ------------------------- MAGGI MATHEW, D/O.MATHEW N.V., AGED 24 YEARS, RESIDING AT NEDUMPURATH HOUSE KALIYAR PO, THODUPOUZHA. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): --------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.65 of 2009 ------------------------- Dated this the 23th day of January, 2009. JUDGMENT Koshy, Ag.C.J. The appellant is facing an enquiry under Section 14 of the Juvenile Justice (Care and Protection of Children) Act 2000. C.C.No.30/03 was pending in the Juvenile Justice Board, Ernakulam. 2. A complaint was lodged by one Sajeevan alleging that 3 persons entered into his elder daughter Priyanka's room, who was only aged 13 years, and took her out. The petitioner was also one among them. She was only 13 years at that time. Since the petitioner was only 13 years, the case was referred to the Juvenile Justice Board. With regard to the other persons, they were charged with offences under Sections 120 B, 363 and 364 A read with Section 34 of the Indian Penal Code. All of them were acquitted by Ext.P2 judgment of the Division Bench. 3. The incident is alleged to have occurred in 1997, more than 12 years ago. The petitioner was only 13 years at that time. By Ext.P2 judgment, W.A.NO.65/09 :: 2 :: other accused, who were alleged to have done the crime, were acquitted. Even the allegation against the petitioner was that she was only an accomplice at the age 13 years. At this distance of time, no evidence can be taken against her. It is difficult to prove any offence against the petitioner and further trial is a waste of time and no purpose will be served. In these circumstances, we quash the proceedings in C.C.No.30/03 on the file of the Juvenile Justice Board, Ernakulam. Writ appeal is allowed as above. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge