P.M.MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.635/2010 of Konny Police Station. The offences alleged in the crime are those punishable under Sections 279,337 and 338 of the Indian Penal Code (for short 'I.P.C.') read with Section 134(a) and (b) of the Motor Vehicles Act, 1988 (for short 'the Act').

(2.) The case of the prosecution is that on 22.8.2010 at about 8.30 hours an Alto car bearing Regn.No.KL -3T 2803 driven by the petitioner through Vellapara -Chinamukku public road from west to east in a rash and negligent manner hit on an Activa scooter bearing Regn.No.KL -03 917 driven through Konny - Pathanapuram public road. In the accident, the rider of the Activa scooter and the pillion rider on it sustained injuries.

(3.) CW2, the pillion rider in the Activa Scooter was a minor child aged 12 years. Therefore, the Judicial First Class Magistrate Court -II, Pathanamthitta found the case exclusively triable by the Children's court and thereupon, vide proceedings No.151/2010, committed the matter to the District and Sessions Court, Pathanamthitta, which is the designated Children's Court as per Section 25 of the Commission for Protection of Child Rights Act, 2005 (for short 'the Act'). The certified copy of the order in C.P.No.151/2010 is appended along with this petition as Annexure A1.