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 Thiruvananthapuram District, was enticed and thus abducted by one Ajitha from the lawful custody of her parents on 21.10.1995 and then, she was entrusted with the first accused for the purpose of prostitution and for their unlawful enrichment. According to the prosecution, the victim was trapped by offering her job at Ernakulam and thus, she was under the illegal confinement of the first accused from 21.10.1995 onwards and she was subjected to sexual intercourse with several persons for hire. Thus, according to the prosecution case, CW1, the girl was molested about 124 persons during the period from 21.10.1995 till the time of lodging the F.I.statement. According to the prosecution, during the investigation, though the victim was subjected to molestation by more than 124 persons, only 45 persons were located and identified. Thus, finally the prosecution has preferred 23 separate charge sheets. The present petitioner is the eighth accused in such split charge sheet No.13, on the basis of which S.C.No.89 of 2010 is instituted in the above special court. Thus, in the present case, the allegation is that the first accused entrusted CW1/the victim to accused Nos.2 to 5 and they confined her in their residential building viz., Karottu Koyikkal House No.297 situated in Division No.38 of the Cochin Corporation in Ernakulam Village, which was being conducted as a brothel, and those accused confined her in that house for 15 days. Thereafter, according to the prosecution, on 14.11.1995 during night, the 4th accused, by sharing common intention along with accused Nos.1 to 3 and 5, entrusted the victim, CW1-a minor girl to accused No.6, who in turn entrusted her to accused Nos.7 and 9 for illicit sexual intercourse for a remuneration of `.6000/-. The 7th and 9th accused, thus, got possession of the victim and had taken her to the restaurant attached to the International Hotel at Ernakulam and entrusted her with accused Nos.8 and 10. The petitioner herein is the 8th accused. Accordingly, it is the further case of the prosecution that the revision petitioner and 10th accused took her to room No.406 which is situated on the 4th floor of the International Hotel at Ernakulam and accused Nos.7 and 8 had illicit sexual intercourse with CW1 against her will and without her consent. It is the further allegation that thereafter, accused Nos.9 and 10 outraged the modesty of the victim CW1. Thus, according to the prosecution, the accused including the revision petitioner have committed the offences punishable under Sections 344,372,373,376(1),354 and 109 read with Section 34 of I.P.C. and with Sections 3(1),5(1)(d)(ii) of the Immoral Traffic (Prevention) Act,1956 (for short 'the Act'). Before the present proceedings, the petitioner approached this Court by filing Crl.M.C.No.1