Tamil Nadu

HC refuses to quash case against mother of two under JJ Act

The Madras High Court has refused to quash a police case booked against a woman under the provisions of the Juvenile Justice Act of 2015 for frequently giving sleeping pills, along with milk, to her twin children so that they did not remain a hindrance to her illicit relationship with an acquaintance.

Justice G.K. Ilanthiraiyan dismissed the quash petitions filed by the woman, holding a doctorate in physical education, as well as the man. The judge said there was sufficient material to conduct a full-fledged trial on the basis of a complaint lodged by her husband with the Anna Nagar police here last year.

“There are specific averments and materials to substantiate the charges and as such, this court is not inclined to quash the proceedings. However, considering the fact that the case is of the year 2018, the trial court is directed to complete the trial proceedings within a period of six months,” the judge ordered.

During the course of hearing, Additional Public Prosecutor M. Mohammed Riyaz brought it to the notice of the court that the complainant had married the first accused in 1997 when he was as a clerk in a railway cooperative society. After marriage, he had funded her master’s degree in physical education.

Since she had interest in politics, the second accused misused the weakness and developed an illicit relationship with her by promising to obtain her an MLA or MP seat through his contacts in various political parties. He used to visit her frequently and during every such visit, the children were subjected to cruelty.

Hence, after obtaining the statements of the children as well as that of the domestic help, the police had booked the accused under various provisions of Indian Penal Code apart from Section 75 (abusing a child) and 77 (giving intoxicating substances to children) of the Juvenile Justice Act which provides for a maximum sentence of seven years besides a fine of ₹ 1 lakh.

Assailing the invocation of the penal provisions, the accused contended that even as per the complaint, the accused had given only sleeping pills to the children and such pills could not be considered as narcotic, psychotropic or intoxicating substances. However, the judge rejected the argument by stating that those were issues to be raised during trial.

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Printable version | May 22, 2022 8:10:16 pm | https://www.thehindu.com/news/national/tamil-nadu/hc-refuses-to-quash-case-against-mother-of-two-under-jj-act/article27394951.ece