STATE OF KERALA Vs. ARIFFA

JUDGEMENT

(1.) The question which we are asked to decide as a point of law is whether a child accused can be committed for trial before a Sessions Court along with an adult accused. We have no hesitation to give this answer; that a child accused can never be committed before the Sessions Court for trial along with an adult accused under the present law. We are also of opinion that in view of the provisions contained in the Kerala Children Act, 1972, a child accused cannot be tried by ordinary criminal courts. We feel certain that our conclusions are well fortified by the decision of the Supreme Court reported in 1981 (4) SCC 210 (Raghbir v. State of Haryana).

(2.) Before proceeding to give our reasons for the conclusion, we shall give in brief the facts, which gave rise to this question. S.C. Nos. 81/83 and 82/83 on the file of the Sessions Court, Trichur were registered as per the committal orders passed by the Judicial Magistrate of First Class, Chalakudy in C.P. Nos. 29/83 and 30/83 respectively. The Sessions Judge made over these matters to the Asst. Sessions Judge, Irinjalakuda. The learned Asst. Sessions Judge found that the first accused in both the cases is aged 13. He also found that the second accused is aged 49. Rightly he pointed out that the case against the child accused cannot be tried along with the adult accused. He referred the matter to the Sessions Judge with his opinion that the charge against the child accused has to be spilt up and a separate charge has to be framed against the child accused. The Sessions Judge also expressed his opinion that the child accused cannot be tried along with an adult accused by the Court of Sessions. He also expressed his opinion that the child accused will have to be tried by the Children's Court. He said that the committal orders passed by the Judicial First Class Magistrate, Chalakudy are not in accordance with law and so the committal orders will have to be quashed. Since the Sessions Court cannot invoke its revisional jurisdiction in these matters under S.397, Criminal Procedure Code, the matter was referred to this Court by the Sessions Judge. This Court registered the case as a calender revision case.

(3.) The Kerala Children Act, 1972 (for brevity, the Act) came into force with effect from 1st April, 1978. The preamble of the Act tells us in unmistakable terms the meaningful purpose of the Act. It is to provide for the care, protection, maintenance, welfare, training, education and rehabilitation, of neglected or delinquent children and for the trial of delinquent children in the State of Kerala.