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2021 Supreme(Online)(KER) 20758

HIGH COURT OF KERALA
C.S. DIAS, J
SABU DAVID – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.ABHISHEK KURIAN, SRI. SANTHOSH PETER,SR. PP

JUDGMENT

Dated this the 30th day of April 2021 This original petition is filed under Article 227 of the Constitution of India, to set aside the order dated 15.04.2021 in Crl.M.P.No.135 of 2021 in S.C.No.250 of 2019 (Ext.P3) passed by the Fast Track Special Court, Perumbavoor.

2. The petitioner has averred in the original petition that he is the accused in Crime No.96 of 2019 which was registered against him for the offences punishable under Sections 7, 8, 9(m) r/w Section 10 of the Protection of Children from the Sexual Offences Act, 2012 r/w Section 354 A(i) of the Indian Penal Code. The Police have filed the final report before the above said Court, which was taken on the file and the case was numbered as S.C.No.250 of 2019. The prosecution examined PWs 1 to 9 and Exts.P1 to P8 were marked through them. Subsequently, the prosecution filed Crl.M.P.No.38 of 2021 under Section 311 of Code of Criminal Procedure (in short 'Cr.P.C') to examine an additional witnesses, which was allowed by the said Court. Thereafter, the petitioner was questioned under Section 313 of the Cr.P.C and the case was posted for hearing. The petitioner had filed his version. The case was posted for judgment to

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