AMAR ALIAS BAHADUR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8th October, 2004 and order dated 15th October, 2004 passed by the learned Additional Sessions Judge, Delhi, whereby the appellant herein Amar @ Bahadur has been convicted of the offences punishable under Section 368 read with Section 366 IPC, under Section 344 IPC and under Section 506 IPC and sentenced to undergo Rigorous Imprisonment for a period of 5 years and fine of Rs. 1,000/- for the offence under Section 368 read with Section 366 IPC, Rigorous Imprisonment for the period of two years and a fine of Rs. 1,000/- for the offence punishable under Section 344 IPC and also sentence of two years and fine of Rs. 1,000/- for the offence punishable under Section 506 IPC. All the substantive sentences of imprisonment have however been ordered to run concurrently, subject to benefit of Section 428 Cr.P.C.

(2.) The appellant along with two women Mumtaz and Lata was prosecuted for the offences punishable under Sections 363/366A/368/372/373/376/344/506/120B IPC on the allegations that the appellant was in-charge of/managing the affairs of Kotha No. 57, G.B Road, Delhi, which was used as a brothel where girls from remote villages of the country were brought and forced into illegal prostitution. One such girl, a 15 year old Mamta @ Seema @ Tukai, was rescued from the said Kotha on 15th December, 1998 at 4.15 p.m. pursuant to a raid organised by the Sub Inspector Harinder Singh of Police Station Kamla Market, pursuant to a secret information received in that behalf. Mala @ Seema @ Tukai made a statement to the police that about 8-9 months prior to the date of her rescue, when he was going to bazar in her village Gauriya (West Bengal), one person named Ramesh @ Ranjit met her along with one lady whom he identified as his wife. They enticed her on the pretext of getting her a job in Delhi and brought her to Delhi and kept in a hotel overnight. On the next day, they handed her over to one lady who took her to Kotha No. 57, G.B. Road, Delhi and in turn handed her over to the appellant Amar @ Bahadur, Manager of the said Kotha. Thereafter, the appellant Amar @ Bahadur used to force her to prostitution with the customers and threatened and beat her whenever she refused. The lady who had brought her to the kotha also used to visit the kotha and tell her that she (prosecutrix) had to continue the prostitution till such time the money paid by her was re-paid to her. Mala was not allowed to meet any one and go outside the said Kotha. The appellant and the co-accused Mumtaz and Lata were arrested at the spot. Mala was medically examined and her statement under Section 164 Cr.P.C. was got recorded through a Magistrate on the same day. After usual investigation all the three were sent by the police for trial.

(3.) On the basis of allegations and the material brought on record, charges under Section 366A/373/368/344/34IPC were framed against accused Mumtaz, while charges under Sections 373/368/344/506/34 IPC were framed against appellant Amar @ Bahadur and charges under Sections 368/344/34 IPC were framed against Lata separately, to which they pleaded not guilty and claimed trial.