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2022 Supreme(Ker) 75

KAUSER EDAPPAGATH
State of Kerala, Represented By the Deputy Superintendent of Police – Appellant
Versus
Nowfal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri.P.Narayanan, Addl. Public Prosecutor, Sri Grashious Kuriakose-Adgp, Advs.
For the Respondent: G.Priyadarsan Thampi, Adv.

ORDER :

The order declining a request made by the prosecution to video-record the court proceedings relating to the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (for short, the SC/ST Act) is under challenge in this Crl.M.C.

2. The petitioner is the State and the respondent is the accused in SC No.245/2020 on the file of the Sessions Court, Pathanamthitta. The offences alleged are punishable under Sections 366, 342, 354, 354A, 354B, 376 of IPC and S.3(1)(w) and 3(2)(v) of the SC/ST Act.

3. The petitioner/State filed a petition, supported by the affidavit of the victim, at the Court below as Crl.M.C.No.974/2021 u/s 15A(10) of the SC/ST Act seeking an order for video recording of the entire trial proceedings of the Sessions Case. The Court below after hearing both sides dismissed the said petition as per Annexure A order dated 16/7/2021, which is impugned herein.

4. I have heard Sri.Grashious Kuriakose, the learned Additional Director General of Prosecution.

5. In the objection statement filed by the respondent/accused at the Court below, it was contended that though the victim has right to request the Court for video recording the trial of the c

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