(1.) Annexure-6 order passed by the Special Judge, Fast Track Special Court, Koyilandy (for short 'the court below') in S.C.No.627/2018 is under challenge in this Crl.M.C.
(2.) The petitioner is the accused in S.C.No.627/2018 on the file of the court below. He is represented by his father as he is suffering from mental disability.
(3.) The petitioner faces trial for the offence under Sec. 9(m) read with Sec. 10 of PoCSO Act. The trial commenced and the evidence in the case is over. The case was posted for questioning under Sec. 313 of the Cr.P.C. At that juncture, the petitioner filed a petition as C.M.P.No.449/2021 invoking Sec. 329 of the Cr.P.C. Accordingly, an enquiry was conducted by the court below under Sec. 329 of the Cr.P.C. and entered into a finding that the petitioner is incapable of entering defence due to his mental retardation as provided under Sec. 329(2) of the Cr.P.C. Thereafter, the court below invoking Sec. 330(3)(b) of the Cr.P.C. passed the impugned order to send the petitioner to Pratheeksha Bhavan, Thrikkannapuram, Thavannur, Malappuram for rehabilitation. The said part of the order directing to send the petitioner to the Pratheeksha Bhavan rehabilitation centre is under challenge in this Crl.M.C.