The accused, Neeraj, diagnosed with severe mental retardation and having the mental age of a four-year-old, was charged under Section 376 IPC and Section 6 of the POCSO Act for an alleged attempt to sexually assault a minor. The Sessions Court discharged him, relying on a medical report from IHBAS indicating he was unfit to stand trial. The State appealed, arguing that the court failed to follow the mandatory procedure outlined under Sections 328 to 330 of the Cr.P.C. The appellate court agreed, setting aside the discharge order and remanding the matter to the Sessions Court to issue a fresh decision in compliance with Section 330(3).