ORDER :

This criminal revision petition has been filed u/s 397 of Cr.P.C. challenging the order passed by the Special Court for the Trial of Offences Under the Protection of Children From Sexual Offences Act, Kattappana (for short, the court below) dismissing the petition filed by the father of the victim seeking alteration/addition of charge.

2. A crime was registered by the Vandiperiyar Police as Crime No.598/2021 against the 2nd respondent herein alleging offences punishable under Sections 449, 302, 376(2)(m) and 377 of IPC and under S.4(2) r/w 3(a) S.6 r/w 5(l)(m) and S.10 r/w S.9(i) (l) & (m) of the Protection of Children from Sexual Offences Act, (for short, the POCSO Act). The revision petitioner is the father of the victim, a 5 year old child. The prosecution allegation is that the 2nd respondent/accused trespassed into the house of the victim, committed rape on her, thereafter murdered her and thereby committed the offence. After investigation, the investigating agency filed final report against the 2nd respondent alleging the offences mentioned above.

3. Admittedly, the victim is a member of Scheduled Caste community. The caste of the 2nd respondent is in dispute. According