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2021 Supreme(Ker) 923

M.R.ANITHA
Louis – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.Revikrishnan, P.M.Rafiq, Sruthy N. Bhat, Ajeesh K.Sasi, Pooja Pankaj, Advs.
For the Respondent: S.S.Aravind, M.V.Amaresan, Advs., PP Sangeetharaj N.R

ORDER :

1. The only question for determination in this Crl.M.C is whether the petitioner/accused has got any right to seek himself to be subjected to Narco Analysis Test. The impugned order has been passed by the Fast Tract Special Judge, Thrissur in S.C.No.160/2015 in a petition filed under Section 45 of the Indian Evidence Act, 1872 and Section 293 of the Code of Criminal Procedure, 1973 to subject the accused to Narco Analysis Test.

2. Heard both sides. (The victim was subsequently got impleaded as additional second respondent).

3. According to the learned counsel for the petitioner/accused (hereinafter referred as 'the petitioner'), petitioner has been charged under Section 376(2)(i) of the Indian Penal Code, 1860 (in short IPC) and Section 6 r/w 5 (m) of the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act). The impugned order would show that the prosecution evidence is over and accused was also questioned under Section 313 of the Code of Criminal Procedure,1973 (in short Code) and the case stands posted for defence evidence. It is at that juncture the petitioner filed the petition which resulted in the impugned order.

4. Section 233 of the Code provides for enteri

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