LAWS(KER)-2025-1-159

ABDUL AZEEZ Vs. STATE OF KERALA

Decided On January 31, 2025
ABDUL AZEEZ Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) "The face is the mirror of the mind, and eyes without speaking confess the secrets of the heart." - St.Jerome

(2.) The petitioner is the sole accused in S.C.No.37/2023 of the Fast Track Special Court, Kozhikode. He is charged with offences under Ss. 452 and 354 A(i) of the Penal Code, and also, under Sec. 10, read with Sec. 9(m) of the Protection of Children from Sexual Offences Act (for short, 'P.O.C.S.O Act'). The issue raised in this Original Petition is one with respect to the procedure while examining a child witness. Two specific reliefs are sought for in this Original Petition, which are extracted here below:

(3.) Having regard to the significance of the matter, this Court directed the High Court of Kerala to be impleaded as an additional respondent. The same was done and a counter has been placed on record, wherein the "Guidelines for Recording of Evidence of Vulnerable Witnesses, 2024" ('guidelines', for short) issued by the High Court - pursuant to, and in accordance with, the judgment of the Hon'ble Supreme Court in Smruti Tukaram Badade v. State of Maharashtra [2022 INSC 39] - has been produced.