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HIGH COURT OF KERALA
C. JAYACHANDRAN, J
ABDUL AZEEZ – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner is the sole accused (Para 2 , 3 , 4) |
| 2. counsel argues for direct cross-examination (Para 5) |
| 3. court discusses screening practices (Para 6 , 7 , 8 , 9) |
| 4. court rules on mandatory nature (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. court directs removal of screen (Para 16 , 17) |
JUDGMENT
“The face is the mirror of the mind, and eyes without speaking confess the secrets of the heart.” - St.Jerome In the scheme of the Protection of Children from Sexual offences Act and the guidelines in accord therewith, whether a child/vulnerable witness can be screened from the defense counsel is one interesting question which surface for consideration in this Original Petition.
2. The petitioner is the sole accused in S.C.No.37/2023 of the Fast Track Special Court, Kozhikode. He is charged with offences under Sections 452 and 354 A(i) of the Penal Code, and also, under Section 10 , read with Section 9 (m) of the Protection of Children from Sexual Offences Act (for short, 'P.O.C.S.O Act'). The issue raised in this Original Petition is one with respect to the procedure while examining a child witness. Two specific reliefs are sought for in this Original Petition, which are extracted
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