NASIM BANO Vs. STATE OF NCTOF DELHI

JUDGEMENT

(1.) These are five appeals relating to two FIRs. (i) FIR No.375/2001 has been registered under Sections 365/368/376/542/506/323/109/34 of the Indian Penal Code (IPC) and Sections 3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the 'said Act') against Naseem Bano, Mohd. Nafis, Manju and Geeta. On 08.01.2003 Manju, Geeta and Naseem Bano stood convicted under Sections 368/342/506-II/109/34 of the IPC and Section 3, 4, 5 & 6 of the said Act. Accused Mohd. Nafis stood convicted only for the offence under Section 4 of the said Act. Accused Naseem Bano, Geeta and Manju had been sentenced to undergo RI for a period of six months and to pay a fine of Rs.300/- and in default of payment of fine, to undergo SI for three months for the offence under Section 342 of the IPC; for offence under Section 323 of the IPC, they had been sentenced to undergo RI for a period of six months each; for the offence under Section 368 of the IPC, they had been sentenced to undergo RI for a period of five years and to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo SI for one year; for the offence under Section 506-II of the IPC, they had been sentenced to undergo RI for a period of six months and to pay fine of Rs.500/- and in default of payment of fine, to undergo SI three months; they had also been convicted under Sections 3, 4, 5 & 6 of the said Act. The maximum sentence awarded to them is RI seven years and a fine of Rs.5000/- and in default of payment of fine to undergo SI for one year. Accused Mohd. Nafis had been sentenced to undergo RI for a period of two years for the offence under Section 4 of the said Act.

(2.) In these appeals, applications had been filed by each of the appellants seeking permission of this Court that the sentences awarded to them in the separate FIRs i.e. FIR No.375/2001 & 456/2001 be permitted to run concurrently and the discretion has been prayed under Section 427 of the Cr.PC.

(3.) Relevant would it be to note that another FIR i.e. FIR No.45/2002 had been registered against Mohd Nafis (who stood acquitted vide order of Special Judge dated 22.12.2003) and one of the other co-accused Naseem Bano in which she stood convicted on 24.12.2003 under Sections 3, 4 & 5 of the said Act for which the maximum sentence awarded to her was RI five years as also a fine of Rs.5,000/- and in default of payment of fine to undergo SI for four months. Appeal against this conviction (Crl. Appeal No.121/2004) was disposed off vide order 17.11.2011. That appeal stood dismissed. Appellant Naseem Bano having completed her sentence in that FIR i.e. FIR No.45/2002 was released on 19.02.2013. This is reflected from the record.