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2022 Supreme(Online)(KER) 3578

HIGH COURT OF KERALA
XAVIOUR – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Exts.P7, P12 and P13 orders passed by the court below are under challenge in this original petition.

2. The petitioner is the sole accused who faces trial at the court below in S.C.No.611/2017 for the offences punishable under Sections 341, 323 and 506(i) of the IPC and under Section 3(a) read with Section 4 and Section 7 read with Section 8 of PoCSO Act.

3. After the completion of the examination of all the witnesses Special Public Prosecutor filed a petition as Crl.M.P.No.765/2020 invoking Section 216 of the Cr.P.C. to add charge under Section 5(k) of PoCSO Act and Section 377 of the IPC. The court below after hearing both sides allowed the said petition as per Ext.P7 order. Thereafter the petitioner filed two petitions at the court below as Crl.M.P.No.947 of 2020 (Ext.P10) and Crl.M.P.No.965/2020 (Ext.P11) to recall certain witnesses already examined in the light of the adding of charge. Those petitions were also dismissed by the court below as per Exts.P12 and P13 orders. All these three orders are under challenge in this original petition.

4. Heard Sri.Aravind Ghosh, the learned counsel for the petitioner and Sri.M.P.Prashant, the learned Public Prosecutor for the respond

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