STATE OF MAHARASHTRA Vs. UPKARSING SAMSHERSING ARORA

JUDGEMENT

(1.) State has preferred both the aforesaid appeals against the judgment and order dated 13th March, 1997 passed by the learned Additional Sessions Judge, Pune, acquitting of each of the respondent in respective appeal from the charge of the commission of offence punishable under Sections 3, 4 and 5 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 by reversing finding of a guilt for commission of such offences by each of the respondent in aforesaid appeal arrived by JMFC Court No. 3, Pune, in RCC No. 136/1995 of the said Code and awarding sentence of RI for one year with payment of fine of Rs. 1000/- by each of them and in default of payment of fine, ordering them to suffer RI for three months. The prosecution of each of the respondent for commission of such offences has arisen out of the charge-sheet submitted by PW5 PI Pir Mohammed Abdul Gaffar Japharbhai of Bund Garden Police Station, Pune, on 27th September, 1995 for commission of such offences and the offence under Section 66-B of the Bombay Prohibition Act as a result of the investigation of CR No. 295/95 registered with said police station upon the complaint dated 28th August, 1995 (Exhibit 29) for commission of such offences lodged by him.

(2.) According to the said complaint, PW5 while at Bund Garden Police Station, Pune, received an information from his informant that the respondent in Criminal Appeal No. 437/97 along with his wife respondent in Criminal Appeal No. 424/97 by calling and providing young girls to male customers for illicit intercourse runs a brothel under the guise of massage in Jogan Beauty Parlour, Koregaon Park, Pune, in a flat in Gurudatta Avenue Building in front of Popular Heights. PW5 after verification of the information appraised Shri. D.R. Shejal, ACP of Lakshar area about information received. ACP Shejal forthwith visited Bund Garden police station and verified about the information. Immediately one PW2 Jaykumar Digambar Shinde, resident of Tarachand Hospital Servant Quarters, Pune, was called for acting as a bogus customer and he was appraised about the import of the information received. PW2 showed the willingness for acting as a customer. Two respectable persons PW1 Maruti Deokar and one Kadir Ahmed Khan passing on the road were called and appraised about the import of the information received and both of them agreed to act as panch witnesses. They were asked to take the search of PW5 and PW2. During the search, no money was found with PW2. PW5 left the cash amount with him in the office and gave Rs. 450/- comprised of four currency notes of the denomination of Rs. 100/- and one of Rs. 50/- and bearing numbers as stated in the complaint to PW2 after obtaining initials of ACP Shejal and gave PW2 instructions regarding the raid to be effected including the timing at which he was to give a signal to PW5. The panchnama (Exhibit-14) to such effect was drawn in presence of ACP of Lakshar Vibhag. After drawing of the panchnama, ACP Shejal (PW5), API Pawar, PSI Patil, PHC 1292 Wahile and PHC 2797 Markad from the Surveillance Squad, unarmed Lady Police Constables Surekha Kale (PW4) and Vina Turke, fake customer PW2 and panch witnesses in civil dress by police jeep left the Bund Garden police station and via Mangaldas police chowky went to Yerwada Pumping Station. After halting the jeep at the said place except the police driver all of them walked uptil Popular Height building. From the said place, fake customer was asked to go with money to the beauty parlour and after he had gone, accordingly, all of them waited nearby the staircase on the ground floor.

(3.) After some time ACP Shejal and the raiding party members rang the bell and they explained purpose of the raid to respondent in Criminal Appeal No. 424 of 1997 and asked her to take search of the raiding party member but she refused and agreed to give the cooperation. Two more girls were present in the flat. After hearing the signal by fake customer, ACP Shejal and PW5 and Panch witnesses entered in the room and found naked PW2 and one woman-PW3 Sunita wearing only nicker and bra embarrassing. After as asked they wear the clothes and came in the front room, police searched them. As PW2 told that he had given marked currency notes to the respondent in Criminal Appeal No. 424 of 1997 sitting at the counter, the lady constable searched her and found an amount of Rs. 1960/- within it containing marked currency notes with her. The said amount was seized by the police. The police also found some liquor and beer in one room of the said flat denoting that both the respondents used to sell the said liquor to the customers. The same was seized by the police by drawing panchanama Exh. 14. PW5 arrested the respondents and charge-sheeted them.