SUBETHA ALIAS SUMATHI Vs. STATE

JUDGEMENT

(1.) This judgment shall govern both the appeals namely C.A.Nos.178 and 248 of 2002.

(2.) The appellants who were ranked as A-1 to A-5 in a case, where they were stood charged, tried and found guilty and sentenced to imprisonment, as detailed below, have brought forth the respective appeals.

(3.) The short facts necessary for the disposal of this appeal can be stated thus: P.W.1 minor Leelavathy was living with her father P.W.3 Muthumani at Ashokapuram, within Erode North Police Station limits. A-1 to A-3 were residing in the adjacent houses of P.W.3. P.W.1 due to her young age was moving with A-1 to A-3 closely. On the date of occurrence namely 9.12.99, A-1 and A-2 took Leelavathy in the guise of worshipping in a temple. After the prayer was over, they asked her to wait outside and told that they would be coming back. After taking the fruits given by them, Leelavathy felt asleep. At about 10.00 P.M., A-1 and A-2 accompanied by A-3, came there, took her in an auto and at one point, they asked her to get down stating that it was Ashokapuram. After getting down, P.W.1 questioned them, since it was Erode Railway Station. She was forcibly taken by A-1 to A-3 in a train bound for Madras. When P.W.1 began to weep, the co-passengers were asking about the same. A-2 came with an answer that she was insane, and she was being taken to Madras for treatment. After reaching Madras, P.W.1 was taken by A-1 to A-3 to the house of A-4 and A-5, where they were carrying on the brothel business. A-1 to A-3 stayed there for a few days and left the place by getting a sum of Rs.10,000/- from A-4 and A-5. A-1 to A-3 informed P.W.1 that they would go for shopping and come back soon, but they left for Erode. Afterwards, P.W.1 came to know that she was sold by A-1 to A-3 to A-4 and A-5, and it was a brothel house. P.W.1 was forced to carry on the prostitution till she escaped from their custody just 10 days prior to 15.3.2000. She came to her house at Erode, met her father P.W.3 and narrated the entire episode. P.W.3 took P.W.1 to Erode North Police Station and gave Ex.P1 complaint. P.W.6 P.Duraisamy, Sub Inspector of Police, who was in charge of that Police Station, registered a case in Crime No.248/00 under Ss 120(B), 366(A), 368, 372, 376 IPC and S.3(1) of I.T.P. Act. Ex.P4 printed F.I.R. was sent to the concerned Magistrate's Court. P.W.6 took up the investigation, proceeded to the place of occurrence, prepared Ex.P3 observation mahazar and Ex.P5 rough sketch and examined the witnesses. P.W.1 was sent for medical examination. P.W.2 Dr.Sarojadoss attached to Government Hospital, Erode, examined her medically and found that she was pregnant by 22 weeks and found her age as 16 years. A copy of the accident register is marked as Ex.P2. A-1, A-2, A-3 and A-5 were arrested and remanded to judicial custody. A-4 surrendered before the concerned Magistrate's Court. On completion of the investigation, P.W.8 S.T.Rajan, Inspector of Police laid the charge sheet against the accused under the above provisions of law.