JAYA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal revision petition has been filed by the sole accused in SC No.692/2014 on the file of the Additional Sessions Court, Ernakulam (for short, the Court below) u/s 397 r/w 401 of the Code of Criminal Procedure (for short, Cr.P.C.) challenging Annexure A4 charge framed against her.

(2.) The revision petitioner/accused was the class teacher of the Standard VI in DDS High School, Karimbadam, Paravur. The de facto complainant/3rd respondent was a student in the same class. The 4th respondent is his father. The prosecution case in short is that on 27/6/2011 at about 11.00 a.m., at the class room, the revision petitioner, due to enmity towards 3rd respondent for the delay in taking out textbook and with the intention to cause hurt, attempted to beat him with a cane on the top of his right elbow, but when he suddenly turned his face up, the butt of the same touched his right eye corneal causing abrasion and, thus, committed the offences punishable u/s 324 of the Indian Penal Code (for short, the IPC) and S.23 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, the JJ Act).

(3.) The revision petitioner appeared at the Court below. She was released on bail. She argued for discharge u/s 227 of Cr.P.C. on the ground that there was no sufficient ground to proceed against her. The Court below upon consideration of the records of the case and after hearing the submission of the revision petitioner and the prosecution formed the opinion that there was ground for presuming that the revision petitioner has committed the offence and, accordingly, framed charge against her u/s 324 of the IPC and S.23 of the JJ Act. Challenging the same, the revision petitioner preferred this revision.