LOUIS Vs. STATE OF KERALA

JUDGEMENT

(1.) The only question for determination in this Crl.M.C. is whether the petitioner/accused has got any right to seek himself to be subjected to Narco Analysis Test. The impugned order has been passed by the Fast Tract Special Judge, Thrissur in S.C. No. 160/2015 in a petition filed under Sec. 45 of the Indian Evidence Act, 1872 and Sec. 293 of the Criminal Procedure Code, 1973 to subject the accused to Narco Analysis Test.

(2.) Heard both sides. (The victim was subsequently got impleaded as additional second respondent).

(3.) According to the learned counsel for the petitioner/accused (hereinafter referred as 'the petitioner'), petitioner has been charged under Sec. 376(2)(i) of the Penal Code, 1860 (in short IPC) and Sec. 6 r/w 5 (m) of the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act). The impugned order would show that the prosecution evidence is over and accused was also questioned under Sec. 313 of the Criminal Procedure Code, 1973 (in short Code) and the case stands posted for defence evidence. It is at that juncture the petitioner filed the petition which resulted in the impugned order.