KHUSHBOO RAJESH SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by one Smt.Khushboo Rajesh Singh (hereinafter referred to as the "accused"). By this appeal, the accused impugns a judgment and order dated 19.7.2007 passed by the Adhoc Assistant Sessions Judge, Greater Bombay, in Sessions Case No.87 of 2007. By the impugned judgment and order, the trial Court has convicted the accused for an offence punishable under Section 4 of the Immoral Traffic (Prevention) Act, 1956 and on this count, he has sentenced her to suffer RI for 2 years and to pay a fine of Rs.1000/-, in default, to suffer SI for 3 months. She has been further convicted for committing offence punishable under Section 5 of the Immoral Traffic (Prevention) Act, 1956 and on this count, she has been sentenced to suffer RI for 4 years and to pay a fine of Rs.2000/-, in default to suffer SI for 6 months. It may be mentioned here that accused no.2 Rajesh Chotelal Singh (Thakur) who was the husband of accused no.1 was however, acquitted and accused no.3 Ganesh Thakur was shown as absconding and hence his trial was separated.

(2.) The brief facts of the prosecution case were as under :-

(3.) At the stage of the trial, prosecution examined 8 witnesses to prove its case. Reference to most of the important witnesses have already been made by me here-in-above. There was no defence evidence. From the cross-examination of the accused and 313 statement, it appears to be the case of the defence that they were framed by Mr.Manohar to extract money. It was also defence that the husband of the accused has published some articles against the police and it is for this reason, a false case was made out against them.