ANAND VISHWA @ BISHWA Vs. CBI

JUDGEMENT

(1.) Vide impugned judgment dated July 07, 2014, Anand Vishwa @ Bishwa, the appellant in Crl.A.951/2015 and Faris Shuja Jalali @ Anup, the appellant in Crl.A.1284/2014 were convicted for offence punishable under Section 5 of Immoral Traffic (Prevention) Act (in short 'ITP Act'). Anand Vishwa @ Bishwa was acquitted for the offences punishable Section 120B read with Section 420/366/372/373 IPC and substantive offences punishable under Sections 420/366A/372 IPC. Faris Shuja Jalali @ Anup was acquitted for the offences punishable Section 120B read with Section 420/366/372/373 IPC and substantive offence punishable under Section 373 IPC. Vide order on sentence dated July 10, 2014, they were sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 2,000/- each for offence punishable under Section 5 of ITP Act. Crl.A. 684/2016 has been filed by the Central Bureau of Investigation against the aforesaid impugned judgment acquitting the respondents for IPC offence and in Crl.A.Nos.951/2015 and 1284/2014, Anand Vishwa @ Bishwa and Faris Shuja Jalali @ Anup challenge their conviction and sentence for offence punishable under section 5 of the ITP Act.

(2.) Learned counsel for Anand Vishwa @ Bishwa submits that the victim (PW-15) was not a minor at the time of alleged occurrence on 13th April, 2012 and ingredients of offence punishable under Sections 366A/372 IPC are not made out. The CBI failed to prove the date of birth of the victim through the birth certificate or any other document except the certificate Ex.PW-13/A which had been issued by Kishan Gurung (PW-13), the school teacher only on 11th June, 2012 i.e. after the alleged incident. Kishan Gurung issued the said certificate when the headmistress was on leave and further the said certificate is not even a certified copy of the admission register. No original admission register has been proved by the prosecution.

(3.) Adopting the arguments on behalf of learned counsel for Anand Vishwa @ Bishwa learned counsel for Faris Shuja Jalali @ Anup submits that no investigation has been carried out to show that Faris Shuja Jalali @ Anup was involved in any prostitution racket. Faris Shuja Jalali @ Anup was arrested in RC 3 on 13th April, 2012 and on 16th April, 2012 search was conducted at his flat whereafter he was implicated in the present case.