MALA Vs. STATE

JUDGEMENT

(1.) THE appellant Mala impugns a judgment dated 29.03.2005 of learned Additional Sessions Judge in Sessions Case No.122/02 arising out of FIR No.229/2002 registered under Sections 365/368/376/342/323/109/34 IPC & Sections 3, 4, 5 & 6 ITP Act at PS Kamla Market by which she was held guilty for committing offences under Sections 368/109/376 IPC & Sections 4 & 5 ITP Act. By an order dated 31.03.2005, she was awarded RI for two years with fine Rs. 1,000/ - under Section 4 ITP Act; RI for seven years with fine Rs. 5,000/ - under Section 109 read with Section 376 IPC and RI for five years with fine Rs. 1,000/ - under Section 368 IPC. All the substantive sentences were to operate concurrently.

(2.) ALLEGATIONS against the appellant and her associates were that they confined and concealed victims X , Y and Z at first floor of Kotha No.70, G.B.Road, Delhi with an intention to compel or force them to illicit intercourse. Before 24.12.2001, they had abetted the commission of rape on the victims by sending customers; running a brothel and living wholly or in part on their earnings and procuring these girls for prostitution.

(3.) AS per charge -sheet, on 22.06.2002 X was lodged at Nirmal Chaya. In her statement, she implicated the appellant and her associates for pushing her in prostitution for consideration. X and Y were recovered from Kotha No.70, First floor on 24.12.2001 vide Daily Diary (DD) No.21A under Section 13 JJ Act. They were medically examined at JPN Hospital on 25.12.2001. X was found aged around twenty years and