MEENA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) By way of this petition the petitioners have challenged the framing of the charge under Section 366-A of the Indian Penal Code against them by Additional Sessions Judge, Delhi vide order dated 17th October 1989.

(2.) The matter relates to an incident dated 6th June 1987 regarding which FIR No. 371 was recorded at Police Station Rajouri Garden, New Delhi on the basis of the rukka sent by Assistant Commissioner of Police, Moti Nagar.

(3.) Briefly stated the prosecution story has been that there was a secret information with ACP Moti Nagar that premises No. El 45, 185 and 186, Raghbir Nagar, New Delhi were being used as brothel by one Lajjo, her daughter, Smt. Meena and another person named, Rajiv. This information was verified by ACP to be correct and so after calling officials of the special staff, he organised a raiding party in which besides the police officials one person from the public named, Prem Prakash, was joined. He was briefed and three currency notes of Rs. 100.00 each were given to him with a direction to go to premises No. 185, Raghbir Nagar to have a talk with Smt. Lajjo and Smt. Meena and Rajiv for getting girl for prostitution and settle the matter after satisfying himself that the said girl was ready of her own free will to indulge in sexual inter course with him. The prosecution story further goes to show that SI Joginder Pal was sent as a shadow witness and Prem Prakash after entering the said house met Smt. Meena and came to know from her that 5-6 girls of different ages were available and he could have a choice of his own. He was also informed by Smt. Lajjo that she would provide a furnished bed room and would charge Rs. 100.00 . At the instance of Smt. Meena, Rajiv brought different girls who gave their charges for being available to the complainant for prostitution. One girl, named, Asha made a demand of Rs. 400.00 but ultimately agreed to be available to Prem Prakash for Rs. 300.00 . The government currency notes of Rs. 300.00 made available to Prem Prakash were delivered by him to Rajiv who handed them over to Meena. She gave one government currency note to Asha, another to Smt. Lajjo while the third one was kept with her for herself. It was also found that these girls offered themselves for prostitution on their own free will. The case was registered and afterinvestigation the petitioner were challenged (challaned).Learned trial court after hearing arguments found a prima facie case under sections 3, 4,5. 6, and 7 of the Immoral Traffic (Prevention) Act, 1956 and under section 366-A of the Indian Penal Code vide impugned order dated 17th October 1989.