K.SWASTHIK KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks for a direction to set aside the order dtd. 2/11/2023 issued by the Fast Track Special Court, Kattakada in Crl.M.P. Nos.545/2023 and 546/2023 in S.C. No.1691/2021. Petitioner has also sought a direction for re-investigation of Crime No.2459/2021 of Malayinkeezhu Police Station.

(2.) Crl.M.P. No.545/2023 was filed seeking a direction to the Investigating Officer to recover a Lenovo Model Tablet from the defacto complainant and to obtain a forensic report of the incidents recorded on 17/7/2021. Crl.M.P. No.546/2023 was filed for a direction for further enquiry and to subject the petitioner to a voluntary polygraph test.

(3.) Petitioner is indicted for the offences under Sec. 376(2)(f), 376(2)(n) and 376AB of the Indian Penal Code, 1860 Sec. 6, 5(m) and 5(n) apart from Sec. 8, 7,10, 9(m) and 9(n) of the Protection of Children from Sexual Offences Act, 2012, and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Petitioner is alleged to have molested a minor girl at 2 am on 17/7/2021 and on 18/7/2021. After investigation, a final report was filed on 27/11/2021, which is now pending consideration as S.C. No.1691/2021 before the Fast Track Special Court, Kattakada.