JOLLYAMMA JOSEPH @ JOLLY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in S.C. No. 496 of 2020 on the file of the Special Additional Sessions Court (Marad Cases), Kozhikode ("Trial Court" for short), which arises from Crime No. 189 of 2011 registered by the Kodanchery Police Station, alleging the commission of the offences punishable under Ss. 110, 120B, 465, 467, 468, 471, 475, 302 and 201 r/w S.34 of the Indian Penal Code, and Sec. 2 r/w S.6(2) of the Poisons Act, 1919.

(2.) The petitioner contends that the charge sheet in the crime was filed as early as on 1/1/2020. Although she had preferred an application for discharge, the same was dismissed. The trial in the case commenced on 6/3/2023. The prosecution has thus far examined Pws.1 to 132 and marked Exts.P1 to P285 in evidence. At the stage when the case stood posted for the examination of CW249, the prosecution filed Annexure-A1 application under Sec. 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', for short), (corresponding to Sec. 311 of the Code of Criminal Procedure, 1973 (CrPC), to summon and examine Smt. Remya K.K., Assistant Director (Documents), Regional Forensic Science Laboratory, Kannur, as an additional witness and to mark the Forensic Science Laboratory Reports bearing Nos.As- 51/2019 to As-54/2019. Though the petitioner filed objections to the said application, by Annexure-A2 order, the Trial Court allowed the application and issued summons to the proposed witness. According to the petitioner, the prosecution's attempt is to fill the lacunae in the case, that too at the fag-end of the prosecution evidence. It is contended that, neither the details of the disputed documents nor the fact that the documents had been forwarded to the Forensic Science Laboratory ('FSL', for brevity), nor that the reports were awaited, has been disclosed in the charge sheet. The impugned order is illegal and unsustainable in law

(3.) I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.