YASIN SUNU Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this Crl.M.C is to the order dtd. 19/1/2023 in CMP No.8(a)/2023 in Sessions Case No. 754/2020 on the file of the Fast Track Special Court, Koyilandi. The petitioner faces charges under Sec. 8 r/w Ss. 7, 9(m), and 9(i) r/w Sec. 10 of the POCSO Act, 2012 and Sec. 511 r/w Sec. 377 of the Indian Penal Code.

(2.) The Court below proceeded with the trial. The petitioner participated in the trial. After examination of the petitioner under Sec. 313 Cr.P.C., the Court posted the case for defence evidence. The counsel for the petitioner submitted an application pleading that the petitioner had mental problems and that he was incapable of understanding the consequences of his acts. The learned counsel for the petitioner wanted to subject the petitioner to medical examination.

(3.) The learned Public Prosecutor resisted the application contending that the petitioner/accused was capable of understanding the proceedings and no materials were produced before the Court to show that the petitioner had mental incapacity of any nature at any time.