SINDHU PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed under Sec. 397 read with 401 of the Code of Criminal Procedure, 1973, to set aside the order dtd. 29/2/2024 in Crl.M.P. No.2000/2023 in S.C. No.689/2018 on the files of the Additional Sessions Judge-I, Kollam and to discharge the petitioners in this case.

(2.) Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the entire case diary and statements of the witnesses form part of the case diary, in detail.

(3.) In this matter, the prosecution allegation is that, witness No.2, Meera Kalyan, who was studying in 8th standard at Trinity Lyceum School, Kollam, was ordered to sit in between boys students by the accused. Thereby, Meera Kalyan was subjected to physical and mental persecution by the accused. The further allegation of the prosecution is that, when the parents of Meera Kalyan, who are witness Nos.1 and 3 informed the same to CW27 the Principal and CW28 the Vice Principal, the 1st accused was warned in front of witness Nos. 1 to 3. When witness Nos. 1 and 3, the parents of CW2 apprehended further ill treatment from accused No.1 due to the animosity arose out of the said occurrence, the parents of Meera Kalyan demanded to observe CW2 by her elder sister, Gauri Nekha, who was also studying in the 10th standard at the same school. When, Gauri Nekha reached the class of Meera Kalyan to detect any events thereafter, the 1st and 2 nd accused threatened her that she would not be given internal marks. The specific allegation is that the 1st accused along with the 2nd accused, subjected Gauri Nekha to mental and physical torture and in consequence of the same at about 13.30 hours on 20/10/2017 she jumped from the 3rd floor of the School and committed suicide. It is on this premise, the prosecution alleges commission of offences punishable under Ss. 305 read with 34 of IPC as well as under Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred as 'JJ Act' for short) [Sec. 77 of the JJ Act maybe mistakenly incorporated instead of 75 of the JJ Act in the face sheet of the Final Report].