The petitioner is the 2nd accused in S.C.No.154 of 2021 pending on the files of the Fast Track Special Court, Changanassery. He filed Crl.M.P.No.184 of 2021 seeking discharge. The learned Special Judge dismissed that petition as per the order dated 14.12.2021. Challenging that order, the petitioner has filed this petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code).

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. The offences alleged in the final report are punishable under Sections 363 , 368 and 376(2)(n) read with Section 34 of the Indian Penal Code, 1860 ( IPC ) and Sections 4 r/w 3 and 6 r/w 5(l) of the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act). The Special Judge held that the petitioner is not answerable even constructively for the charges of kidnapping and rape. However, it was held that the petitioner is liable to be tried for the offence of abetment punishable under Section 17 of the PoCSO Act. The learned counsel for the petitioner would submit that such an offence was not alleged in the final report and the materials produced by the prosecution would not make out