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2024 Supreme(Ker) 1467

..... – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Prasoon Sunny, Raji S., Ritty K. Reji, Shameel N.
For the Respondent: Renjit George

ORDER :

1. This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging Annexure A3 order in CMP No. 144/2022 in S.C. No. 62/2023 dated 22.01.2024 whereby the learned Special Judge under the Protection of Children from Sexual Offences Act, Ernakulam negated the prayer for getting legible copy of 164 statement filed along with the final report, since illegible copy of the same was served upon the accused. The petitioner is the accused in this case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail.

3. On perusal of the copy of the 164 statement produced along with the Crl. M.C. and the order impugned, it is discernible that there is difficulty to read and understand the contents in the copy of 164 statement properly.

4. A bare perusal of the order dated 22.01.2024, whereby the learned Special Judge dismissed the application for issuance of legible copy of 164 statement of the victim, would show that the learned Special Judge found on fact that it was difficult to read and understand each and every sentence properly. The learned Special Judge further observed that in such circumstances, the only cour

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