ORDER :

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

This Criminal Miscellaneous Case has been filed challenging Annexure.A3 order dated 27.04.2024 in Crl.M.P.No.63/2024 in S.C.No.991/2022 on the files of the Special Court for the trial of offences under the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’], Wadakkanchery, whereby the Special Judge dismissed an application filed by the 1st accused under Section 45 of the Evidence Act, to subject PW1 to PW3 to Narco Analysis Test or Polygraph Test, to prove the defense case. The petitioner herein is the 1st accused in the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the impugned order and relevant materials available.

3. In this matter, the prosecution allegation is that, the accused who used to go to the area of the house of the victim in Puduruthi Village for selling fish on a motor cycle, with sexual intent, developed intimacy with the victim, a girl child aged 10 years, by giving fish to feed her pet cats. Then, on two different days during the period from 01.04.2022 to 10.05.2022, the accused called the victim to a place near the steps in fro