IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 27^TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946 CRL.MC NO. 682 OF 2023 (AGAINST THE PROCEEDING DATED 29.9.2022 IN CRL.M.P.477/22 IN SC NO.358 OF 2022 OF FAST TRACK SPECIAL COURT, (POCSO)

THRISSUR PETITIONER/ACCUSED:

CHANDRA MOULI, AGED 47 YEARS S/O R.B.S MANI, RESIDING AT SOS CHILDREN'S VILLAGE, MULAYAM, DESOM,MULAYAM VILLAGE, MANNUTHY, THRISSUR CITY, PIN – 680651.

BY ADVS.SRI.RENJITH B.MARAR LAKSHMI.N.KAIMAL RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.

BY P.P.SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

“C.R.” ORDER The challenge in this Crl.M.C. is to the proceedings dated

29.9.2022 of the Fast Track Special Court (POCSO), Thrissur in Crl.M.P.No.477/2022 in S.C.No.358/2022. The petitioner is alleged to have committed offences punishable under Section 354-A(1)(i) of the Indian Penal Code, Sections 7, 8, 9(o) & 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned counsel who appeared for the petitioner in the trial court on 28.9.2022 submitted an application seeking certified copy of the statement of the victim recorded under Section 164 Cr.P.C. On the application, the learned Special Judge passed the following:-

“Petitioner is directed to file affidavit stating that copy of the statement will not be misused.”

This proceeding is under challenge.

2. I have heard the learned counsel for the petitioner Sri.Renjith B Marar and the learned Public Prosecutor.

3. The learned counsel for the petitioner submitted that the petitioner has a statutory right under Section 207 Cr.P.C. to get free of cost documents which include the statement recorded under Section 164 Cr.P.C. or any other relevant document. The learned counsel submitted that as per Section 31 of the POCSO Act, the provisions of Cr.P.C. shall apply to the proceedings before a Special Court except as provided in the POCSO Act. The learned counsel submitted that the right of the accused to receive all the relevant documents under Section 207 Cr.P.C. is still intact and therefore, the court below was bound to provide the petitioner the copy of the statements recorded under Section 164 Cr.P.C. The learned counsel further submitted that the impugned proceedings directing the counsel for the petitioner to file an affidavit stating that he will not misuse the statements recorded under Section 164 Cr.P.C. is an act of imposing onerous and illegal conditions on the petitioner as well as on his counsel.

4. The learned counsel for the petitioner, relying on the relevant provisions in the various statutes and the decisions of the Supreme Court in Sakshi v. Union of India [(2004) 5 SCC 518] and Nipun Saxena and Another v. Union of India and Others [(2019) 2 SCC 703], submitted that the three pillars of the Constitution have taken all safeguards to protect the interests of the victims of sexual offences. The learned counsel submitted that the relevant provisions in the statutes ensure that the identity of the child or the victim is not disclosed at any time during the course of investigation or trial. It is further submitted that the disclosure of identity of the victims of sexual offences is punishable under various penal provisions in the relevant statutes.

5. The learned counsel brought to my notice Section 228-A of the Indian Penal Code, Sections 23 and 33(7) of the Protection of Children from Sexual Offences Act, Section 65 of the Information Technology Act, 2000 and Chapter V of the Advocates Act, 1961.

6. In Sakshi (supra), the Supreme Court issued the following directions:-

“34. The writ petition is accordingly disposed of with