ORDER

Dated this the 18^th day of October, 2024

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, challenging Annexure A5 order dated 19.03.2024 in C.A.No.169/2024 in S.C.No.435/2018 on the files of the Fast Track Special Court, Varkala, whereby copy application filed by the petitioners to get a copy of DVD was denied, on the ground that the Public Prosecutor, who appeared before the trial court, opposed the same, contending that private chats in the DVD would contain materials that would affect the privacy of the deceased victim and therefore, the same could not be issued.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the available records.

3. In this case, the prosecution alleges commission of offences punishable under Sections 376 and 305 of the Indian Penal Code and Sections 4 r/w 3 (a), 6 r/w 5(e) and 8 r/w 7 of the the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘PoCSO’ for short).

4. While assailing the order, the learned counsel for the petitioners submitted that going by the order, the learned Special Judge in no way found