ORDER

Dated this the 31^st day of January, 2026 The accused in S.C.No.156/2024 on the file of the Fast Track Special Court, Mattannur, arising out of Crime No.1275/2023 of Peringome police station, filed this Crl.M.C. under Section 528 of BNSS, praying for setting aside Annexure A5 order passed by the Special Judge rejecting his prayer to examine two witnesses.

2. The petitioner stands charge sheeted for committing penetrative sexual assault on a minor victim aged 15. He wanted to examine two witnesses sited in Annexure A1 witness list. Out of which, examination of witness no.2 was allowed by the learned Special Judge as per Annexure A2 order. Though summons was issued to the witness he did not turn up and thereafter, the learned Special Judge closed the evidence and posted for arguments. It was at that time, the petitioner preferred Annexure A3 & Annexure A4 applications. Those applications were rejected by the learned Special Judge as per P5 order.

3. According to the petitioner, about two months after the alleged incident, the victim was found in happy mood in a video recorded and broad casted by witness no.2. The learned Special Judge rejected the application on the ground that f