HASEENA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Vide the judgment dated June 05, 2013 Haseena has been convicted for the offences punishable under Sections 3, 5(1)(d) and 6 of the Immoral Traffic (Prevention) Act, 1956 (in short ' ITP Act') and for offence punishable under Section 174A IPC. She has been directed to undergo rigorous imprisonment for 3 years and fine of Rs.2,000/ - for offence punishable under Section 3 ITP Act, rigorous imprisonment for 10 years and fine of Rs.2,000/ - for offence punishable under Section 5(1) ITP Act, rigorous imprisonment for 10 years and fine of Rs.10,000/ - for offence punishable under Section 6 ITP Act and rigorous imprisonment for 3 years and fine of Rs.6000/ - for offence punishable under Section 174A IPC.

(2.) FIR No.136/2009 under Sections 365/368/372/373/376/109/506/34 IPC and Sections 3,4,5 and 6 ITP Act was registered at PS Kamla Market on November 09, 2009 after a raid was conducted by the police on the complaint of 'M' who stated that she was a resident of Darjeeling, West Bengal, belonging to a poor family. She had studied upto 7 th standard. Her father remarried whereafter her mother also remarried due to which she was very disturbed. One day, she met a lady in the market who started speaking to her and stated that she would get 'M', a good employment in Delhi. Allured by her talks, she came to Delhi, along with that lady, in the month of March. The lady assured her that she would get her an employment in garment shop but the lady brought her to GB Road, Kotha No.57, First Floor left side. There were number of girls, of which Rajni told her that she had bought her from the said lady and 'M' will have to do prostitution. 'M' understood that the said lady had sold her after alluring her. One lady named Haseena was incharge of the Kotha. Rajni forced 'M' into prostitution, contrary to her wishes and when she refused, Rajni used to beat her and take all her money. 'M' was not permitted to go out and when police used to come for checking, 'M' used to be hidden inside. 'M' was very upset and wanted to go to her house. When the raiding team came to the Kotha, she told them the entire story. She sought legal action against all who had put her into prostitution contrary to her wishes i.e. Haseena, Rajni and the lady who brought her to the Kotha.

(3.) 'M' was medically examined on the same date and her MLC Ex.PW3/A was prepared by Dr. Neha Gupta which was proved by Dr. Annika Jindal PW -3. As per the MLC, on examination hymen was found torn besides large area of erythema and excoriation seen on entire labia majora and labia minora, small papillomatous growth on posterior vulva seen. Papillomatous growth was also seen below the urethra extending to anterior vaginal wall.