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2026 Supreme(Online)(Ker) 7

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ARUN.V. – Appellant
Versus
STATE OF KERALA. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SMT.DIPA V., SHRI.AKASH CHERIAN THOMAS, SHRI.AZAD SUNIL
For the Respondents: PP-SRI.SANAL P. RAJ

O R D E R

(Dated this the 5th day of January, 2026)

The petitioner is the sole accused in S.C No.2570 of

2024 of Fast Track Special Court, Kattakkada, arising out of Crime No.771 of 2024 of Malayinkeezh Police Station. The offence alleged against the petitioner are under Sections 75(1)

(i), (2) of BNS and Section 8 r/w Section 7 of the POCSO Act .

2. He filed this Crl.M.C, being aggrieved by Annexure-

IV order of the Special Judge, rejecting his application for reopening the defence evidence.

3. According to the learned counsel for the petitioner, the petitioner was suffering from unsoundness of mind and, in order to prove the same, examination of the doctor who issued Annexure-I certificate is necessary and that, his prayer to examine the doctor was rejected without assigning valid reasons. Therefore, he prayed for setting aside the Annexure- IV order and to permit him to examine the doctor who issued Annexure-I certificate.

4. The petition was opposed by the learned Public Prosecutor.

5. It appears that only one posting was given to the petitioner to adduce defence evidence. However, the main reasons stated by the learned Sessions Judge in the Annexure- IV order for rejecting the appli

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