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2011 Supreme(Ker) 252

V.K.MOHANAN
K. C. Peter – Appellant
Versus
State of kerala, Represented by CBCID, Rep. by Public Prosecutor – Respondent


Advocates Appeared:For the Petitioner:C.C. Thomas, Sr. Advocate, Nireesh Mathew, Saji Sankaran Nair, M.G. Karthikeyan, Advocates. For the Respondent: C.P. Udayabhanu, Special Public Prosecutor, C.K. Suresh, Sr. Government Pleader.

Judgment :

1. An unfortunate, innocent and illiterate rustic village girl was trapped by a sex racket and she is subjected to flesh trade and according to the prosecution, the present petitioner is one of the customers, who committed rape on her, and it is that accused preferred this Criminal Revision Petition, against the order dated 16.2.2011 of the court of Additional Sessions Judge (Special), Kottayam in Crl.M.A.No.249 of 2011 in S.C.No.89 of 2010, by which the learned Sessions Judge rejected the plea of the petitioner for a discharge under Section 227 of the Criminal Procedure Code (hereinafter referred to for short as 'the Cr.P.C.' only)

2. The brief facts which led to the impugned order are as follows:-

Originally, Crime No.5 of 1996 of Vanitha Police Station, Ernakulam, was registered on 24.7.1996 for the offences punishable under Sections 366A,372,373,376 and 344 r/w S.34 of the Indian Penal Code. Subsequently, the investigation was handed over to Crime Branch CID, Ernakulam and the case was re-registered as Crime No.192/CR/96 of CB CID, SIG II, Ernakulam. The case of the prosecution is that the victim, who was a minor girl, belonging to a remote village in Nedumangadu in T















































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