ORAL JUDGMENT :

1. Heard learned counsel for the applicant and learned APP for the State.

2. The order dated 25/8/2023 passed by the Additional Sessions Judge, Kalyan, District Thane below application Exhibit 9 rejecting the application for discharge by the present applicant- accused no.5 is under challenge. The applicant had approached the trial Court under Section 227 of the Code of Criminal Procedure, 1973 to discharge him in connection with Sessions Case No.24/2015 arising out of C.R. No.II 56/2014 registered with Manpada Police Station for the offence punishable under Section 370(3) of the Indian Penal Code and 3, 4 and 5 of the Immoral TrafÏc (Prevention) Act, 1956 (hereafter ‘PITA’ for short)

3. The prosecution case in brief is as under:-

The First Information Report (FIR) was registered on 29/10/2014. It is alleged in the FIR that on 28/10/2014, at about 8.15 p.m., the police raided ‘Ruchi Lodging and Boarding Hotel’ run by co-accused. It is alleged that prostitution activities were being carried out in the hotel. At the time of raid, the applicant was found in a room with the victim which according to the prosecution constitutes the offence under the aforesaid sections.

4. The