(1.) The petitioner is a juvenile/child in conflict with law arrayed in summary trial case, S.T.No.18/2019 in the proceedings initiated under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, on the file of the Juvenile Justice Board, Kollam, for offences punishable under Secs.452, 341, 294(b), 506(i), 323, 324, 354 and 427 read with Sec. 34 of the I.P.C. The said proceedings has initially arisen out of Anx.A FIR in Crime No.1208/2018 of the Karunagappally Police Station, which has been registered for offences punishable under Secs. 451, 341, 506, 323, 427, 354 read with Sec. 34 of the I.P.C., which has been initiated on the basis of a complaint/FI statement dated 27.8.2018 submitted by the 2 nd respondent defacto complainant, in which the sole accused arrayed therein, is her husband. In Anx.A FIR and FI statement, the 2 nd respondent defacto complainant has not made any allegations whatsoever as against the petitioner herein. Later, the 2 nd respondent in Anx. B additional Sec. 161 Cr.P.C. statement made certain allegations against the petitioner herein and the petitioner herein was arrayed as accused No.2 and since he was a child/juvenile, as he had not completed the majority age of 18 years, as on the date of the alleged commission of the offence (26.8.2018), the said case was separated and initiated under the provisions of the Juvenile Justice Act. After investigation, Anx.C final report/charge sheet has now been filed before the Juvenile Justice Board concerned, which has led to the pendency of the abovesaid summary trial case, S.T.No. 18/2019 on the file of the said Juvenile Justice Board, Kollam. In the FI statement given by the 2 nd respondent before the authorities concerned, which led to the registration of the abovesaid Crime No.1208/2018 of Karunagappally Police Station, her version was that she had married one Krishakumar, the sole accused in Anx.A crime, on 12.8.2012 and in the wedlock, they have two children, and that due to the physical assault of her husband, she was constrained to stay at her home since the last 6 years and the marital tie of the abovesaid spouses was dissolved about an year back and the sole accused (her former husband) has re-married another woman. Her further version in Anx.A FIR/FIS is that on 26.8.2018 at about 8 p.m., while she was cooking, her former husband (sole accused) had trespassed into her house and caught hold of her and tore her nighty and intimidated her and when her parents tried to rescue her, the former husband had assaulted them and that he had slapped the 2nd respondent. That when the nearby people gathered, her former husband left the scene and the 2nd respondent and her parents had underwent treatment at a hospital in Karunagappally and after returning from the hospital, she found that the window glass panes were destroyed by her former husband and two of his henchmen.
(2.) From a reading of Anx.A FIS it can be seen that no allegations whatsoever have been raised by her, even remotely, as against the petitioner herein, who was admittedly a minor at that time. On the next day, viz., 28.8.2018, the 2nd respondent has given another version of the incidents, alleging that the petitioner herein was standing outside the house at the time of the abovesaid incidents and he had entered into her house and uttered obscene words. The petitioner is stated to be the son of the elder brother of the former husband of the 2nd respondent. The allegations raised in Anx. B additional Sec. 161 Cr.P.C. statement given by the 2 nd respondent are that, at the time of the incidents, the petitioner herein, who is the son of the elder brother of her former husband, was also standing outside and then he had also abused her and that even on earlier occasions he had tried to enter into her house and made troubles for her, etc. On the basis of the said additional Sec. 161 Cr.P.C. statement as per Anx. B, the petitioner herein was arrayed as accused No.2 and as he was found to be a minor at the time of the commission of the alleged offence, his case was separately registered under the Juvenile Justice Act as above, which led to the filing of the impugned Anx. C final report/charge sheet as against him, which has now resulted in the summary trial case, S.T.No. 18/2019, in which he has been arrayed as accused in the proceedings before the Juvenile Justice Board, Kollam.
(3.) Further, it appears that Anx.D is the accident register cum wound certificate issued by the hospital concerned on 26.8.2018 at about 8.20 p.m., on the day of the incident, which shows about the treatment undergone by the 2nd respondent immediately after the incident and in column No.9 thereof, it has been clearly recorded by the doctor that the 2nd respondent has informed that alleged assault was done by her former husband in her house. Column No.9 of Anx. D reads as follows: