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2024 Supreme(Online)(KER) 35677

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


Advocates:
M.SASINDRAN, SATHEESHAN ALAKKADAN

ORDER

Dated this the 20 th day of November, 2024 Order dated 05.10.2024 in Crl.M.P. No.619/2014 in

S.C.No.101/2023 pending before the Special Court under the Protection of Children from Sexual Offences Act (for short 'POCSO Act' hereinafter), Thalassery is put under challenge by the accused in this Crl.M.C. filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.

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

3. Precisely, in this case, the petitioner who alleged to have committed offences punishable under Section 354 of the Indian Penal Code as well as under Section 10 read with Section 9(l), (m)and (n) of POCSO Act was tried by the trial court. PW1 to PW13 were examined. Thereafter, the petitioner filed

Crl.M.P.No.619/2014 in S.C.No.101/2023 and the copy of the same is Annexure AVI, wherein it is contended that at the time of cross examination of PW1/Victim, the counsel for the petitioner/accused was given instruction that the case was settled. But during chief-examination, the victim gave evidence in support of the prosecution case. It is contended that as no instructions were given to cross examine the victim, since the ca

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