(1.) This Crl.M.C. has been preferred by the accused No.8 in SC No.118/2018 on the file of the Additional Special Sessions Court (SPE/CBI) -III, Ernakulam (for short, 'the court below') challenging the investigation undertaken and being carried out by the investigating agency under Sec. 173(8) of the Code of Criminal Procedure (for short, Cr.P.C.) pursuant to Annexure 10 report dtd. 29/12/2021.
(2.) The petitioner along with the remaining accused faces trial for the offence punishable under Ss. 120(B), 109, 342, 366, 354, 354(B), 357, 376(D), 506(1), 201, 212 r/w 34 of the Indian Penal Code and Ss. 66(E) and 67(A) of the Information Technology Act, 2008 (for short, 'the IT Act').
(3.) The prosecution case in short is that, on the night of 17/2/2017, the victim, a South Indian cine actress, was abducted and sexually assaulted by the accused Nos.1 to 6 in a moving vehicle at Ernakulam while returning from the shooting location pursuant to a conspiracy allegedly schemed by the petitioner, a South Indian Cine actor and producer.
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