ANITA Vs. STATE OF DELHI

JUDGEMENT

(1.) This application has been made for suspension of sentence on behalf of the convict, who has been convicted by the trial court under Section 368/342/506-II/323/109/34 IPC and under Section 3,4,5 and 6 of ITP Act and sentenced to undergo imprisonment for a period of 07 years each under Section 5 and 6 of ITP Act two years each under Section 3 and 4 of ITP Act and one year each under the IPC sections. Since all the sentences were to run concurrently, the total sentence was 07 years RI. She has made prayer for suspension of sentence on the ground that hearing of appeal may take some time and she has already undergone half of the sentence. It is stated by the counsel that this Court wanted to know that the address where she was living since her address Kotha No. 50 G.B. Road, Delhi, was no more her address as under the orders of this Court this kotha was got vacated and no brothel house was running there.

(2.) A perusal of the document of new address, filed by the applicant would show that she has given an address of someone, who claims that she is his muhn boli behan (the person considers her like his sister).

(3.) Before suspending sentence of a convict, court has to consider all facts and circumstances and the heinousness of the crime apart from the fact that hearing of appeal would take time. The appellant had been involved in 05 cases under ITP Act from 1994 till 2001, she has been running a kotha (brothel house) at G.B.Road. She was involved in two Excise Act cases also. Trial in one case under Section 8 ITP Act was still pending. A perusal of judgment shows that she has been luring girls into the prostitution and thereafter keeping them detained and keeping them into this profession by force, threat, illegal confinement etc. Looking into the heinousness of the crime and the fact that she was a habitual criminal, I consider that it would not be justified to let her loose on the society, by suspending her sentence. I, therefore, dismiss this application.