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2021 Supreme(Online)(KER) 31093

HIGH COURT OF KERALA
M.R.ANITHA, J
... – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.M.RAFIQ, SRUTHY N. BHAT, M.REVIKRISHNAN, MITHA SUDHINDRAN, POOJA PANKAJ, RAHUL SUNIL

ORDER

1. This criminal M.C has been filed to set aside the order dated

13/09/2021 of the fast Track Special Judge Thrissur in S.C No 160 of 2015 to the extend of rejecting the issue of summons to witnesses numbers 1 to 4 and 12 in annexure A schedule of witness preferred by the petitioner/accused.

2. Petitioner/accused (hereinafter be refereed as accused) stands indicted for the offence under section 376(2)(i) of the Indian Penal Code and section 6 read with section 5(m) of the protection of children from sexual offences act, 2012. Prosecution allegation is that petitioner committed aggravated sexual assault on the victim aged 4 years. The specific defence of the accused is that he has been falsely implicated by the family of the victim especially the grandfather who is on enimical terms with him since long. The parties are neighbours and according to him the long standing personal animosity led to the false implication of the accused in the above case.

3. In the impugned order which is produced as annexure-B, would show that accused has cited 15 witnesses in the witness schedule. Witness number one is the medical superintendent Elite Mission Hospital, Koorkkanchery. The witness has b

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