SHAMSHAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appeal has been preferred by the convicted lady Shamshad Bai against the judgment and order dated 24-11-1981 passed by Sri K. S. Dubey, the then VI Additional Sessions Jduge (Metropolitan Area), Kanpur in S.T. No. 252/M of 1980. She has been convicted under Ss. 366, IPC, 368, IPC and 376, IPC read with S. 114, IPC. She has been sentenced to four years rigorous imprisonment under S. 366, IPC another four years rigorous imprisonment under S.368, IPC and five years rigorous imprisonment under Ss. 376/114, IPC. All the sentences have been ordered to run concurrently.

(2.) The facts leading to this appeal are set forth briefly. The genesis of the prosecution case was an FIR lodged on 19-12-1977 at 5-15 p.m. by one Devi Das Arya, a social worker, journalist and the president of local Arya Samaj of Police Station Anwarganj, Kanpur.

(3.) The vision was a Muslim girl of Mandapali, Madras, named Kamla Bi who became orphan. Her brothers were doing some job at Bombay. She went there, but one Khadir Hasan managed to seduce and bring her to Agra on the pretext of getting her married in some house. However, he sold her to one Fatima for Rs. 2,000.00. Fatima, in her turn, allegedly sold her to the accused appellant at Agra itself. The victim heard the bargain being settled from inside the room in which she was locked.The appellant brought her under Burqa by Taxi to Kanpur and put her in House No. 78/17 Behind Moolganj mosque under strong surveillance of another prostitute Lila and forced her to carry on prostitution attending to a number of customers daily. The money was used to be realised by Lila and appellant Shamshad used to come to collect money from her. She herself resided in another House No. 93/143, Anwar Ganj at a little distance. The appellant also practised prostitution. On reluctance or refusal of the victim to attend to the customers, she used to be given good thrashing and threats of cutting her nose and hair. Before coming to Bombay, she had come in contact with one Chhotey Lal. This man got the clue and came to Kanpur and met her. The appellant got him arrested and beaten up by the police. It was Chhotey Lal, who, being sympathized with the victim, passed on the information to the informant who had strong reputation of rendering services in similar cases. He informed the police by means of an FIR and got the victim recovered on 19-12-1977 from House No. 78/17 where the appellant was also present. The girl (victim) was sent for medical examination which was conducted on 20-12-1977. She was found to be aged about 19 years and used to sexual intercourse.