: ORDER :

This Criminal Revision Case is filed by the petitioner aggrieved by the order dated 22.05.2026 passed in Crl.M.P.No.342 of 2026 in S.C.No.343 of 2021 in Cr.No.13 of 2021 by the Special Sessions Judge for Trial and Disposal of Cases under POCSO Act, Ranga Reddy District.

2. Crl.M.P.No.342 of 2026 was filed by the petitioner/accused under Section 329(1) and (1A) of the Code of Criminal Procedure read with Section 84 of the Indian Penal Code, praying to refer him to the Institute of Mental Health, Erragadda, Hyderabad, for evaluation of his mental health condition, percentage of mental disability, existence of legal insanity, IQ level, and his capacity to understand the nature and consequences of his acts. It is contended that the accused is facing trial for the offences under Sections 363, 354, 354-B and 375 IPC and Section 12 of the POCSO Act. According to the petitioner, from the inception of trial his defence has been that he is suffering from severe mental disability by birth, that he possesses a disability certificate dated 08.02.2014 issued by the Medical Board, Area Hospital, Kondapur, certifying 75% mental disability with an IQ of 40, equivalent to the mental age of a child aged about 6 to 8 years. It is further contended that he is receiving monthly disability pension from the Government and that the evidence of certain prosecution witnesses, including statements made during investigation and cross-examination, supports his claim that he is unable to speak properly or distinguish between right and wrong. The petitioner therefore seeks a medical assessment before further proceedings are conducted.

3. The prosecution opposed the petition by filing a counter, contending that the case relates to a serious offence under the POCSO Act involving a minor child and that the petition has been filed only to delay the proceedings and avoid conviction. It is asserted that the accused had never raised any issue regarding his mental condition throughout the trial until the stage of examination under Section 313 Cr.P.C. The prosecution further contends that the disability certificate relied upon by the accused was issued in the year 2014 and its genuineness has not been established. It is also stated that the accused has not been undergoing treatment under any recognized medical practitioner and that no credible material has been produced to show that he is presently suffering from any mental illness warranting referral to a mental hospital. According to the prosecution, the accused is fully aware of the proceedings and the consequences thereof, and the present petition has been filed only to evade the course of law.

4. After hearing both sides, the trial Court dismissed the said petition observing that the accused was in a fit state of mind to give appropriate instructions for cross-examining the witnesses and to give answers to the questions put to him under Section 313 Cr.P.C, on 20.01.2026. Aggrieved by the said dismissal, this revision case is filed by the petitioner.

5. Heard Sri N.Muralidhar Rao, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

6. The learned counsel for the petitioner/accused contended that the trial Court erred in dismissing the petition filed under Section 329(1A) Cr.P.C. The said petition can be filed at any stage of the trial whenever circumstances warrant an inquiry into the mental condition of accused. He submitted that the petition could not be filed earlier because the victim and her parents were in