Kerala HC in the case of, Yasin Sunu V State of Kerala, observed  “If there is something in the demeanour of the accused or in the facts of the case, which raise doubt in the mind of the Court that the accused is of unsound mind and consequently incapable of making his defence, it is obligatory on the Court to try the said fact before proceeding with the trial into the charge.

The case was related to a person accused of offences under Section 8 read with Sections 7 (sexual assault), 9 (aggravated sexual assault) read Section 10 (punishment for aggravated sexual assault) of the POCSO Act, 2012 and Section 511(punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment) read with Section 377 (unnatural offences) of the Indian Penal Code. During the proceedings, the petitioner requested for the medical examination of the accused which was opposed by the prosecution. The trial court also rejected the application. 

The court relying on the judgement of the Supreme Court in Shivaswamy vs. State Of Mysor, further observed that “Going by the statutory provision, the essential condition for the applicability of this Section is that it must appear to the Court that the accused brought before it is of unsound mind. The word ‘appears’ in the provision is guidance for construction. It refers to a circumstance with some indication that makes it appear to the judge that the accused is of unsound mind and consequently incapable of making his defence. “