RITA RAM SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants feel aggrieved by the judgment and order passed by the Additional Sessions Judge, Pune in Sessions Case No. 420 of 2007. Appellant No. 1 is convicted of the offences punishable under Sections 366A, 373, 344 read with 34 of the Indian Penal Code and Section, 3, 4, 5 and 6 of the Prevention of Immoral Traffic Act. Appellant Nos. 2 and 3 are convicted of the offences punishable under Section 344 read with 34 of the Indian Penal Code and Sections 3, 4, 5 and 6 of the Prevention of Immoral Traffic Act. The prosecution had alleged that the Appellants in furtherance of their common intention had procured minor girls under the age of eighteen years and brought P.W. 5 from Nepal to Pune with intent that P.W. 5 might be forced or seduced to illicit intercourse with other persons. It is further alleged that the Appellants in furtherance of their common intention had bought P.W. 5 Shobha for the purpose of prostitution.

(2.) Appellants 2 and 3 have been acquitted of the offences punishable under Sections 366A and 373 read with 34 of the Indian Penal Code whereas, as already stated, Appellant No. 1 has been convicted of these two offences also. The prosecution had examined in all ten witnesses in support of its case. P.W. 1 was the complainant Police Officer. P.W. 2 was a lady Police Constable. P.W. 4 was a panch witness. P.W. 7 and 8 were the Medical Officers who had examined the victim girls. P.W. 9 and 10 were Police Officers involved in the investigation of the case. P.W. 3 Triveni Acharya and P.W. 6 Maya Pandey were social workers. P.W. 4 was a female panch witness and P.W. 5 was one of the victim girls.

(3.) What is important to be noted is that more than fourteen girls, some of them minor, were rescued during the operation. Charge framed against the Appellants and the points framed for determination by the Learned Additional Sessions Judge clearly indicate that the offences alleged against the Appellants were in respect of all the girls. However, the prosecution has examined only one victim girl i.e. P.W. 5 Shobha.