PUSHPA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking her release on bail in connection with C.R.No.130/2016 registered with Charkop Police Station, Mumbai on 3.5.2016 under sections 370(3), 370(4) read with 34 of Indian Penal Code , under Sections 3 , 4 & 5 of the Immoral Traffic (Prevention) Act, 1956 and under Sections 4 , 8 and 17 of Protection of Children from Sexual Offences Act. The Applicant was arrested on 03.05.2016 and since then she is in custody.

(2.) Heard Shri Abbas Mookthiyar, learned counsel for the Applicant and Shri S.H. Yadav, learned APP for the State.

(3.) The FIR is lodged by police constable Uttam Chavan on 3.5.2016. He has stated that, on that day, he reported to his duty at the Social Branch. At that time, they received an information that the Applicant and her husband were indulging in the prostitution racket and they were providing minor girls for that purpose. The police arranged to conduct raid. A bogus customer was called. The Panchas were called. The bogus customer called the phone number, which was mentioned in the information. It was received by a lady who gave her name as Pushpa and she quoted the charges of Rs.3,000/- for that purpose. The bogus customer was called in a MHADA building at Ekta Nagar, Kandivali. The bogus customer was given six currency notes of Rs.500/- each. Their numbers were noted and photo-copies of the same were taken. The panchas signed these photo-copies. The bogus customer and one of the Panchas' were sent to that particular flat, where the bogus customer was called. A signal was pre-arranged which was to be given by the pancha. After some time, the pancha gave the pre-arranged signal. The police party raided the place. The bogus customer was found in one of the rooms with a minor girl. The Applicant and her husband were present in the hall. The currency notes given to the bogus customer by the police were found with the Applicant. The minor girl, who was found with the bogus customer, showed her Aadhaar Card on which her date of birth was mentioned as 18.12.2000. Thus, at the time of raid, she was less than 16 years of age. One more victim was also found in the flat. The Applicant and her husband were arrested. The panchnama was carried out. After completion of investigation, the charge-sheet was filed. The charge-sheet mainly consists of the statements of panchas, the bogus customer and the members of the police party who had raided that place. Their statements are consistent. The medical papers in respect of examination of the minor girl show that the age of the victim was more than 17 years and less than 18 years. The statements of the minor victim and other victim were recorded under Section 164 of Cr.P.C.. The copies of the 164 statements of the victims were shown to this Court.