MS. LAXMI Vs. THE STATE

JUDGEMENT

(1.) ON 16th August 2001, a raid was conducted by SHO Police Station Kamla Market under the supervision of ACP Kamla Market with the help of Dr. Uma Davbratta, a social worker at kotha No. 57, G. B. Road, Delhi as well as on other kothas. From Kotha No. 57, police rescued four girls namely Anjali, Bindu, Pinki and Fatima. These girls were sent to Nirmal Chaya and a case FIR No. 470 of 2001 was registered against Appellant Laxmi and her co -accused Shamshad, who were running this kotha on the basis of statement of prosecutrix Fatima @ Babita to Ms. Manju, Sutpd. OHG Nirmal Chaya. However, Appellant Laxmi and her co -accused Shamshad, who were running this kotha did not get deterred by the raid of 16th August, 2001 and they continued their business with new girls. A second raid was conducted at different kothas of G.B. Road on 24th December 2001 by SHO and ACP along with same social worker and again six minor girls namely Mumtaj, Munni, Sapna, Shanti and Rani were rescued from kotha No. 57. These girls were sent to OHG Nirmal Chaya and Anwara, one of the girls recovered made a statement to Ms. Manju, Suptd. OHG Nirmal Chaya on 4th February 2002 which was forwarded to SHO and an FIR No. 44 of 2002 was recorded. The Appellant Laxmi was tried in both the cases along with Shamshad for various offences under IPC as well as offences under Sections 3, 4, 5, 6 and 7 of ITP Act. She was convicted in both the cases.

(2.) THESE two appeals have been filed by the Appellant Laxmi assailing her conviction and sentence under Sections 3, 4, 5 and 6 of ITP Act in both the cases. She was sentenced to two years imprisonment under Section 3 of ITP act and 7 years imprisonment under Section 4 of ITP Act in FIR No. 470 of 2001. She was convicted under Section 343, 368, 373 and 376 of IPC read with Section 109 IPC as well and sentenced to undergo two years under Section 343 IPC, five years under Section 368 and seven years each under Section 373 and 376 read with Section 109 IPC for offences under ITP Act and in both the cases the sentence to her under, under Section 4 was seven years under Section 5, five years and under Section 6, seven years along with fine. In FIR No. 470 of 2001, sentence under Section 3 ITP Act was one year while in FIR No. 44 of 2002 under Section 3 of ITP Act. All sentences were accompanied with some fine.

(3.) SECTIONS 4, 5 and 6 of ITP Act read as under: