STATE OF MAHARASHTRA Vs. SAROJA NAGAPPA MUDALIAR

JUDGEMENT

(1.) This revision application is directed against the order of the Metropolitan Magistrate, 30th Court, Kurla, Bombay (Shri S.A. Merchant), discharging the respondents-accused Nos. 1 and 2 of the offences punishable under sections 363, 366, 366-A, 372 and 373 read with section 34 I.P.C. and further directing the appellant-State to put up a separate charge-sheet against the accused Nos. 1 and 2 for the offences punishable under sections 5 and 6 of the Suppressions of Immoral Traffic in Women and Girls Act, 1956 (hereinafter for the sake of brevity referred to as "the Act").

(2.) The Antop Hill Sub-Police-Station filed a charge-sheet against the accused Nos. 1 to 4 for the offences punishable under sections 363, 366, 366-A, 372 and 373 read with section 34 I.P.C. and under sections 5 and 6 of the Act. The accused No. 5 was shown in the charge-sheet as an unknown person and absconding. The accused Nos. 1 and 2 are the respondents in this revision application.

(3.) The prosecution alleged that two minor girls, namely, Munni alias Banu and Santanlaxmi alias Saroja, were kidnapped from their native places to Bombay and they were kept at the place of the accused No. 1 at Mahim. It was also alleged that the accused No. 1 used them for the purpose of prostitution. He kept the girls for some time and thereafter he passed on the girls to the accused No. 2. The accused No. 2 also used the girls for the same purpose. The girl Saroja was being taken by the accused for disposal at Antop Hill and at that time one social worker, Pandurang Bala Mandavkar, noticed that the girl was being taken for the said purpose. He contacted the girl later on at the brothel and obtained a writing from her wherein she expressed her willingness to get out of the brothel and requested the social worker to make efforts for her release from the brothel. Pandurang Mandavkar reported the matter to the police. Ultimately the girls were rescued from the brothel and the police recorded the F.I.R. of the victim Saroja. The statements of witnesses were recorded and after completing the necessary investigation charge-sheet was submitted against the accused Nos. 1 to 2 for the offences mentioned above.