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2023 Supreme(Ker) 983

GOPINATH P.
Jabir – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.K.Dheerendrakrishnan, N.P.Asha, D.Feroze
For the Respondent: Sri G. Sudheer (PP)

ORDER :

The petitioner is accused in Crime No.302/2021 of Cherthala Police Station, Alappuzha District, alleging commission of offences under Sections 354, 354D, 376(2)(n), and 45 of the Indian Penal Code, Section 3(a) r/w. S.4, S 5(i), 5(p) r/w. S. 6, S.7 r/w. S.8, S. 9(p) r/w S.10, 11(iv) r/w. S.12 of the Protection of Children from Sexual Offences Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act. The matter is now pending as S.C. No.402/2021 on the file of the Fast Track Special Court, Cherthala, Alappuzha Division.

2. In brief, the allegation against the petitioner/accused is that the petitioner/accused trespassed into the house of the minor victim, aged 16 (between the dates 10.12.2020 and 05.02.2021) and committed penetrative sexual assault on her and thereby, he committed the offences alleged against him.

3. The petitioner/accused has approached this Court, challenging Annexure VII order in Crl.M.P. No.570/2023 in S.C. No.420/2021 on the file of the Fast Track Special Court, Cherthala. Crl.M.P. No.570/2023 was an application filed by the Prosecution under Section 311 Cr.P.C, seeking to recall (for further examination) PW3 (the victim) to prove th

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