FIROJA @ PUJA MAIHJUR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant/Accused Smt.Firoja @ Puja Maihjur Shaikh came to be tried in Sessions Case No.210 of 2009, whereas Appellant/accused Yellamma Durgappa Mehatre came to be tried in Sessions Case No.28 of 2009 and ultimately by the impugned common Judgment and Order dated 30/06/2010 passed by the learned II Additional Sessions Judge, Thane, both of them came to be convicted of the offence punishable under Section 366A of the Indian Penal Code ("the IPC" for the sake of brevity) and both of them were sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.2000/- and in default to undergo further imprisonment for six months while acquitting them of offences punishable under Section 3,4,5 and 6 of the Immoral Traffic (Prevention) Act, 1956 ("PITA" for the sake of brevity).

(2.) Brief facts leading to the institution of both these Appeals can be summarized thus :

(3.) I have heard Ms.Nasreen Ayubi, the learned counsel appearing for the Appellant Firoja @ Puja Shaikh. She argued that P.W.No.2 Arjun Adagale and P.W.No.5 Somling Kamble have turned hostile to the prosecution. The learned Advocate further argued that P.W.No.3 Laxmi Maitri and P.W.No.6 Nasima @ Kajal Shaikh have accepted the fact that appellants/accused Yellamma and Firoja respectively are their relatives and as such, it cannot be said that appellants/accused had kidnapped both of them.