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2024 Supreme(Online)(KER) 34475

HIGH COURT OF KERALA
A. BADHARUDEEN, J
SHINOJ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
C.P. UDAYABHANU, NAVANEETH.N.NATH

O R D E R

This Crl.M.C is at the instance of the sole accused in S.C.No.261/2020 on the files of the Special Court for the trial of Protection of Children from Sexual Offences Act (`POCSO Act' for short) Cases, Thiruvananthapuram, and he impugns the common order dated 11.10.2024 in Crl.M.P.Nos.2413/2024 and 2414/2024, whereby the petitions filed by the accused to reopen the evidence and to send Ext.D2 pen drive and Ext.D3 mobile phone for cyber forensic examination was disallowed by the Special Court.

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

3. In the instant case prosecution alleges commission of offences punishable under Sections 376 (2)(j)(k)(l)(n), 376(c) of the Indian Penal Code (` IPC ’ for short) and Sections 4 r/w3, 6 r/w 5(k)(l)(p), 8 r/w 7, 10 r/w 9(k)(l)(p), 12 r/w 11(iii)(iv) of POCSO Act.

4. Now prosecution evidence was completed. Defence evidence also closed after examination of DW1 to DW4 and marking of Exts.D1 to D4 on the side of the petitioner/accused. After closing the defence evidence, the present petitions have been filed. The learned Special Judge addressed the same by a lengthy order

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