GEETA RAKESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Aditya Gupta as well as Ms. Saumya Chaturvedi for the appellant; Km. Meena, learned AGA for the State and Sri Faiz Ahmad and Sri Yashdeep Rastogi holding brief of Sri Imran Ullah on behalf of PW-2 and perused the records of the present criminal appeal.

(2.) This criminal appeal is directed against the judgment and order dtd. 6/10/2018, passed by the Special Judge (POCSO Act)/VIII Additional Sessions Judge, Agra in Special Trial No. 1848 of 2017 arising out of Case Crime No. 455 of 2017, under Ss. 370(3), 370(5), 370(7), 363, 188, 120B IPC; 9 Immoral Traffic (Prevention) Act and Sec. 16/17 POCSO Act, Police Station - Etmaddaula, District Agra; whereby the appellant Smt. Geeta Rakesh has been convicted under Sec. 370(3) IPC and sentenced to 10 years rigorous imprisonment alongwith fine of Rs.50,000.00 and on its failure to undergo additional rigorous imprisonment of six months; under Sec. 370(5) IPC sentenced to 14 years rigorous imprisonment alongwith fine of Rs.1,00,000.00 and on its failure to undergo additional rigorous imprisonment of one year; under Sec. 370(7) IPC sentenced to rigorous life imprisonment alongwith fine of Rs.1,00,000.00 and on its failure to undergo additional rigorous imprisonment of one year; under Sec. 363 IPC sentenced to five year rigorous imprisonment alongwith fine of Rs.1,00,000.00 and on its failure to undergo additional rigorous imprisonment of one year; under Sec. 188 IPC sentenced to six months simple imprisonment alongwith fine of Rs.1,000.00 and on its failure to undergo additional simple imprisonment of one month; under Sec. 120B IPC sentenced to rigorous life imprisonment alongwith fine of Rs.1,00,000.00 and on its failure to undergo additional rigorous imprisonment of one year; under Sec. 9 Immoral Traffic (Prevention) Act sentenced to 10 years rigorous imprisonment alongwith fine of Rs.1,00,000.00 and on its failure to undergo additional rigorous imprisonment of one year; and under Sec. 16 read with Sec. 17 of the POCSO Act sentenced to rigorous life imprisonment alongwith fine of Rs.1,00,000.00 and on its failure to undergo additional rigorous imprisonment of one year. All the sentences are directed to run separately.

(3.) Accused appellant Geeta Rakesh was posted as Superintendent of Government Protection Home (Women) at Agra. It transpires that the State Authorities at Allahabad undertook an exercise referable to Sec. 16 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as ''the Act of 1956'), wherein sixty seven females and thirty seven children involved in immoral trafficking were rescued. These rescued victims were then produced before the magistrate exercising jurisdiction under Sec. 17 of the Act of 1956, who proceeded to pass an order on 21/5/2016, directing these rescued victims to be lodged at the Government Protection Home (Women) at Agra under the care and control of the accused appellant. The order dtd. 21/5/2016 specified the term of detention of the recovered inmates to be one year or further orders. As per this order the detainment period of one year was to expire on 20/5/2017. The accused appellant released forty three inmates alongwith their eight children between 21/5/2017 to 23/5/2017 apparently on the ground that the period of their detainment had come to an end. Release of these rescued victims by the appellant has ultimately led to her prosecution and consequential sentence.