MOHD AZIM Vs. STATE

JUDGEMENT

(1.) On 30.05.2004, on the basis of secret information, Inspector Ajit Singh (PW-19), the station house officer of police station Kamla Market, assisted by other police personnel, raided the premises of Kotha no. 59, second floor, left side, on GB Road, Delhi, where a girl aged about 17 years old was found wrongfully confined for the purposes of she being forced into prostitution. The girl (PW-1) was found to be a native of a village in the State of Karnataka. She was sent for medical examination to Lak Nayak Hospital, New Delhi, where her medical examination vide medico legal certificate (Ex.PW3/A) brought out indication that she had been sexually exploited. Her statement (Ex.PW-1/A) was recorded in which she levelled allegations against the first appellant Reshma (A-1) and second appellant Mohd. Azim (A-2), besides certain others. According to the said statement, she had been victim of offences punishable under Sections 363/365/368/376/342/323/109/34 of Indian Penal Code, 1860 (IPC) and Sections 3,4,5 and 6 of Immoral Traffic Prevention Act, 1956 (ITP Act, for short). The SHO, by his endorsement (PW-19/A), got first information report (FIR) no. 246/2004 (Ex.PW-7/A) registered and took up the case for investigation.

(2.) During the course of investigation, the victim (PW-1) was sent for age estimation to the Maulana Azad Medical College, the report (Ex. PW-8/A) issued by Dr. Anil Kumar (PW-8), professor of forensic medicine, opining that she was a girl aged between 17 and 18 years. Besides other steps, the statement of the victim (Ex. PW-1/J1) under Section 164 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was also recorded by a Magistrate.

(3.) The appellants herein came to be arrested and were brought to trial on the basis of report (charge-sheet) under Section 173 Cr.P.C. submitted on 24.08.2004. It may be mentioned here that according to the evidence which had been gathered, premises described as Kotha was run as brothel house, it being in the tenancy of one Amina Begum. Amina Begum, the evidence would show, had died. The name of Mohd. Talib son of Amina Begum also figured in the evidence, particularly in the testimony of the victim, she attributing he to be the person who would collect the earnings of prostitution. Mohd. Talib, however, absconded and was declared proclaimed offender.