MUKTA GUPTA, J.

1. The petitioner is undergoing trial in Case FIR No. 606/2014 under Section 8 of the Protection of Children from Sexual Offences Act, 2002 (in short POCSO Act) registered at PS Hauz Khas, New Delhi. During the course of trial, the petitioner raised the plea that he is suffering from mental retardation thus he is unable to understand and comprehend his actions. In this regard, the petitioner was issued a disability certificate by Safdarjung Hospital certifying that he was a patient of mental retardation to the extent of 60%. The petitioner filed an application under Section 227 Cr.P.C. read with Sections 329/330 Cr.P.C seeking discharge however, the same was dismissed by the learned Sessions Judge vide impugned order dated 23rd November, 2015. Hence the present petition. The relevant portion of the impugned order is as under:

“As per Section 227 of the Code of Criminal Procedure, 1973, (Cr.P.C.) if, upon consideration of the record of the case and the documents submitted therewith and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he