A 55-year-old scooter rider was killed after a Mercedes-Benz driven by a 17-year-old boy collided with his vehicle on Container Road near Maraparamb in Cheranelloor, Kochi, around 2.20am on Sunday, with police registering an FIR and considering additional charges.
The deceased was identified as Jayabalakrishnan, son of Rangaswamy Chettiyar of South Chittoor. He ran a roadside eatery and was reportedly travelling home after closing the shop. Police said both vehicles were moving towards Kalamassery when the car hit the scooter from behind.
The FIR was initially registered under Sections 281 and 106(1) of the Bharatiya Nyaya Sanhita for rash driving and causing death by negligence. Police later said Section 105, relating to culpable homicide not amounting to murder, would be added following allegations that strong action had not been taken in the case.
The teenager, identified in reports as the son of an additional sessions judge, was released from the police station after the offences initially invoked were treated as bailable. Police said a decision on further action, including apprehending him and producing him before the Juvenile Justice Board, would be taken soon. The identity and other particulars of the child have not been disclosed, in accordance with Section 74 of the Juvenile Justice (Care and Protection of Children) Act.
A senior Cheranelloor police officer said the minor underwent a medical examination and that its preliminary report indicated he had not consumed alcohol. A detailed report is awaited. Police also said preliminary investigation indicated that the boy was alone in the car at the time of the crash.
According to police, the teenager claimed that the scooter suddenly swerved to avoid waterlogging and that he could not stop in time. The crash occurred during heavy rain in the early hours. Jayalakshmi, a relative of the deceased, described the scene as severe and told reporters that one of the victim’s footwear items was on the road while the other chappal and helmet were found some distance away on the service road. Police have not independently confirmed all details of the scene described by the relative.
The case has also brought attention to the legal responsibility of vehicle owners and guardians when a juvenile drives. Youth Congress leader Shajahan P Y submitted a complaint to home minister Ramesh Chennithala seeking action under Section 119A of the Motor Vehicles Act. The provision allows a guardian of a juvenile or the vehicle owner to be proceeded against for the contravention, while providing a defence if they can show that the offence occurred without their knowledge or that they exercised due diligence to prevent it. The law also presumes that the juvenile used the vehicle with the consent of the guardian or owner.
The crash comes shortly after another fatal accident in Kochi on October 11, when a Mini Cooper driven by a 19-year-old struck a scooter and killed three youths. Police had said the driver was intoxicated and travelling at extreme speed; he remains in remand. In the latest case, police said further action would depend on the investigation, the medical reports and the decision on the applicable charges.
