V.K.MOHANAN
K. C. Peter – Appellant
Versus
State of kerala, Represented by CBCID, Rep. by Public Prosecutor – Respondent
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 Th
4. State of Maharashtra v. Priya Sharan Maharaj and Others [(1997)4 SCC 393]
8. Hem Chand v. State of Jharkhand [AIR 2008 SC 1903]
10. Palwinder Singh v. Balwinder Singh and others [(2008)14 SCC 504]
14. Musheer Khan v. State of M.P. [(2010)2 SCC 748]
16. Sajjan Kumar v. Central Bureau of Investigation [(2010)9 SCC 368]
21. Kurien v. Ranjitha [2000(1) KLT 388]
23. Jinish Lal Sah v. State of Bihar [(2003)1 SCC 605]
24. Uday v. State of Karnataka [(2003)4 SCC 46]
27. John Varghese v. Central Bureau of Investigation [2009(1) KHC 702]
30. State of Maharashtra v. Priya Sharan Maharaj and others [(1997) 4 SCC 393]
31. Palwinder Singh v. Balwinder Singh and Others [(2008) 14 SCC 504]
32. P.Vijayan v. State of Kerala and another [(2010) 2 SCC 398]
33. Sajjan Kumar v. Central Bureau of Investigation [(2010) 9 SCC 368]
35. Visveswaran v. State Rep.by S.D.M. [2003 (6) SCC 73]
37. Ram Babu v. State of U.P. [AIR 2010 SC 2143]
39. V.S.Achuthanandan v. R.Balakrishna Pillai [2011(2) Supreme 1]
25. Bhavsingh D.Rathod v.Asst.Collector of Customs [2005(3) KLT 210]
26. Kurian v. State of Kerala [2007(3) KLT 36]
28. X v. State of Kerala[2009(2) KLT 7]
34. Vijay alias Chinee v. State of Madhya Pradesh [(2010) 8 SCC 191]
15. Vijay Alias Chinee v. State of Madhyapradesh [(2010)8 SCC 191]
1. Tony Antony v. Director General of Police [1997(2) KLT 853]
5. Visveswaran v. State Rep.by S.D.M. [(2003)6 SCC 73]
7. Vijayan v. State of Kerala [2007(3) KLT 495]
9. Sanghi Bros. (Indore)(P) Ltd. v. Sanjay Choudhary [(2008)10 SCC 681]
11. Ram Babu v. State of U.P. [AIR 2010 SC 2143]
13. P.Vijayan v. State of Kerala and Another [(2010)2 SCC 398 ]
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