The court found no grounds to replace the Special Public Prosecutor, emphasizing the victim's autonomy and satisfaction with ongoing prosecution.

JUDGMENT

Dated this the 27^th day of January, 2026 The grand mother of the victim in S.C No. 455 of 2022 on the file of the Additional Sessions court, Thodupuzha, arising out of Crime No. 665 of 2022 of the Thodupuzha police station, filed this petition under article 226 of the Constitution of India, praying for directing the 1^st respondent to change the learned Special Public Prosecutor appointed in this case.

2. According to the petitioner, the learned Special Public Prosecutor is harassing and abusing the petitoner as well as the brothers of the victim. It is alleged that, at the time of the examination, the petitoner fell unconscious in the witness box. According to her, the attitude of the learned Special Public Prosecutor is against the interest of the victim and her relatives. It is further stated that, the learned Special Public Prosecutor is not permitting the petitoner and the brothers of the victim to interact with the victim and to see her. It is also alleged that the victim, who has attained 20 years of age, is being unauthorisedly detained somewhere. Therefore, the petitioner prayed for changing the learned Special Public Prosecutor. 3. The learned Public Prosecutor strongly opposed the prayer for changing the learned Special Public Prosecutor.

4. The learned Public Prosecutor submitted that, when the statement of the victim was recorded by the SHO, she stated that she is very much happy with the manner in which the prosecution is being conducted by the learned Special Public Prosecutor and that she has absolutely no grievance against the learned Special Public Prosecutor. She stated that, at present she is staying in a care home at her own instance and not upon any compulsion from any quarter. According to her, the learned Special Public Prosecutor as well as the police officials are only protecting her interests and also that she has a cordial relationship with them. According to her, the learned Special Public Prosecutor is conducting the case very well and her intention is to see that the accused persons are convicted in the cases in which she is the victim. She apprehends that the present petition has been preferred by her grandmother at the instance of some of the accused persons, so as to take her out of the care home and to enable the accused persons to intimidate and influence her.

5. A report was called for from the Additional Sessions Judge-I/Special Judge (POCSO), Thodupuzha, about the manner in which the prosecution in this case is being conducted by the learned Special Public Prosecutor. The learned Special Judge reported that, the learned Special Public Prosecutor is conducting the case properly and that she could not notice any negligence or lapses on his part in conducting the case.

6. In the light of the above report submitted by the learned Special Judge, the statement given by the victim to the SHO is to be evaluated. In the light of the report of the learned Special Judge, and the statement given by the victim, there is every reason to suspect that the intention of the petitioner is not to protect the interest of the victim but with ulterior motives. There is every reason to believe that the learned Special Public Prosecutor appointed in this case has been conducting the case very well and the victim is staying in the care home at her own volition without any compulsion from anybody. Moreover, I do not find any grounds to change the learned Special Public Prosecutor as prayed for in this W.P(C).

Therefore, this W.P(C) is dismissed.

Sd/-