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2019 Supreme(Ker) 259

ALEXANDER THOMAS
P. M. Mohammed Ashraf – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Sri. M.T. Sureshkumar Sri. R. Ranjith
For the Respondent: Smt. Priya Shanavas, Public Prosecutor

ORDER :

The order under challenge in this case is the one as per the impugned Ext.P4 dated 31.01.2019 where by the Trial Court concerned (Court of Additional Session's Judge f0r Trial of cases relating to Atrocities and Sexual Violence against women and children), Ernakulam has rejected the plea of the petitioner (accused) to examine a witness on behalf of the defense.

2. The petitioner is a sole accused in above said Sessions Case, wherein the petitioner has been charged the offence punishable under Section 9(f)(l)(m) read with 10 of the Protection of Children from Sexual Offences Act, 2005 and Section 34 of the IPC.

3. The gist of the prosecution in this case is that the petitioner was teacher in a Madrassa during the period from 01.07.2016 to 08.12.2016, wherein he had committed the above said sexual offence on a minor victim girl child aged 9 years who was the student of the said Madrassa.

4. The core relevant facts to the extent, it is really necessary for the disposal of this case is as follows. Initially the prosecution had completed the evidence, thereafter the Court had taken up the proceedings under Section 313 of the Cr.P.C and the accused was subjected to Section 313 questi









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