PUSHPA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri P. V. Singh, learned counsel for the applicant and Sri S. L. Kesharwani, learned A.G.A. for the State.

(2.) This application has been filed under Section 482, Cr. P.C. praying that Km. Pushpa, daughter of late Sri Ram Lal Sahu, original resident of Kasari Deeh, Fokatpara, District Durg (Chattisgarh), M.P., who is detained in a Protective Home in Case No. 1156 of 2003 under Sections 15, 16 and 17(A) of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as ITP Act), of Police Station Shahganj, district Agra, may be released in the charge of her mother or brother.

(3.) The case arose on the basis of a report furnished by the Rescue Officer, Jhansi Division, Jhansi dated 6-10-2003 to the City Magistrate, Agra, in which, he stated that Pushpa was detained in the brothel of Chandabai and Akila of P.S. Atmaddaula, district Agra. On that application the City Magistrate, Agra passed an order directing the Circle Officer, Lohamandi, district Agra to take action for rescuing Pushpa from the brothel. The C.O. in turn directed the S.H.O. of P.S. Shahganj to comply with the orders of superior officers and on 6-10-2003 at about 9.30 when Km. Pushpa was going on the road of Kothi Meena Bazar on a rickshaw with another person, she was apprehended and produced before the Magistrate. After recording the statement of Pushpa, the City Magistrate passed an order on 7-10-2003 presumably under Section 17(2) of the ITP Act, directing that an inquiry be made for ascertaining the age, antecedents and character of Pushpa, and the suitability of her parents or guardian to take charge of her, and the prospects of her rehabilitation. The Rescue Officer, Jhansi Division, Jhansi was directed to make the above-mentioned enquiry after visiting the home place of the applicant Pushpa and to submit a report before the Magistrate within fifteen days. In the meantime, the City Magistrate directed that Pushpa be detained in the Protective Home at Mathura. It appears that as the Protective Home at Mathura was overcrowded hence she was not granted admission at the Mathura Protective Home, but sent back to the Agra Protective Home. Her medical examination for ascertaining her age, presence of sexually transmitted diseases etc. was also directed to be conducted as required under Section 15{5A) of the ITP Act. This Medical Examination report of the office of the CMO, Agra showed that Pushpa was about 23 years old and was not suffering from any sexually transmitted disease. The Rescue Officer after visiting her home place submitted a report dated 3-11-2003, in which he mentioned that although Pushpa had tried to conceal her past background, but clarified that this may have been the result of fear from the relations of Akila. She appeared to have been lured away, by Chand Bai to Mumbai and was made to take part in the profession of singing and dancing. After that Chand Bai brought her to the place of Akila wife of Babu Khan in Kuven Wall Galli, Etmadaullah, Agra. He further stated that there was contradiction in the depositions made by Pushpa before the Court and her confessions to the Superintendent of the Protective Home and the position as elicited from his visit to her home place. However after having been kept in the Rescue Home, she was free from fear and negative influences, and it was desirable that she may now be handed over to her mother and brothers, as she would have a dark future if she continued to reside any longer with Akila. However, it appears that after this report, the matter was placed in cold storage, for the subsequent 81/2 months, and only routine dates were given by the City Magistrate, and no further orders were passed.