MEENA @ NIRMALA Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 29.03.2005 of learned Addl. Sessions Judge in Sessions Case No.122/02 arising out of FIR No.229/02 registered at PS Kamla Market by which she was convicted for committing offences punishable under Sections 368, 109 read with Sec. 376 Penal Code and Sec. 4 Immoral Traffic (Prevention) Act (In short 'ITP Act '); the appellant - Meena @ Nirmala has filed the instant appeal. By an order dated 31.03.2005, she was sentenced to undergo RI for two years with fine Rs. 1,000.00 for commission of offence punishable under Sec. 4 ITP Act; RI for seven years with fine Rs. 5,000.00 under Sec. 109 read with Sec. 376 IPC; and, RI for five years with fine Rs. 1,000.00 under Sec. 368 IPC. The substantive sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as reflected in the charge sheet was that on or before 24.12.2001, the appellant and her associates Neelam @ Akhtar Begum and Mala concealed and confined the victims 'A ', 'R ' and 'M ' (changed name) on the first floor of Kotha No.70 G.B. Road knowing that they have been abducted with the intention to compel and force them to have illicit intercourse. It is further alleged that the appellant and her associates abetted the commission of rape by various customers. They were found running a brothel at Kotha No.70 G.B. Road and procured the girls for the purpose of prostitution.

(3.) A raid was conducted on 24.12.2001 on the basis of secret information that some minor girls have been kept at various kothas at G.B. Road. During raid, several girls appearing minor were recovered from various kothas. They were taken into protective custody under Sec. 13 read with Sec. 19(2) JJ Act. Three minor looking girls namely A, R and M were recovered from Kotha No.70 belonging to co-convict Neelam. The victims were taken for medical examination. They were lodged at OHG after obtaining orders from the concerned Court.