BINDO GANESH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged judgment and order dated 24-04-2018, passed by the Sessions Court, Nagpur (trial Court) in Sessions Trial No. 381 of 2015, whereby the appellant was convicted and sentenced for the offences punishable under Sections 366A, 344, 373 of the Indian Penal Code (IPC) and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956 (PITA). She was sentenced to various periods of imprisonments for conviction under the said provisions and since the sentences were directed to run concurrently, she was required to undergo imprisonment of 7 years. The appellant is in jail.

(2.) The prosecution case in brief is that (PW2) Satyajeet Desai, a social worker, approached the Police Station Lakadganj, Nagpur with the information that minor girls had been brought in the area of Ganga Jamna in the city for the purpose of prostitution. This information was submitted in the form of a letter dated 18-11-2014 (Exhibit28). The said (PW2) Satyajeet Desai represented a social organization called "Freedom Firm" having its office at Pune.

(3.) On the basis of the said information, the Police arranged for two social workers to participate in a team for conducting raid in the said area, for which, two panch witnesses and lady Police Constable were also called for participation. At about 6 pm, the raiding party reached Sudhakar building, Bhaskar Galli, Ganga Jamna area of the city. They found one lady sitting in front of the building. Upon (PW2) informing the Police that this was the place where the minor girls were being used for prostitution, the lady sitting at the gate was apprehended and the raiding party knocked the door of a room. Upon opening of the room, a customer fled away while the victim (PW1) was found in the room. Upon being questioned, the victim (PW1) informed that she was originally from a village called Dabsura, Tahsil Pohari Bhana, Gowardhan, District Shivpuri (Madhya Pradesh). She further informed that she had been detained for last 1 ' years by the appellantaccused for prostitution. On the basis of the said raid, a panchanama was prepared and since the lady sitting at the gate was the appellant herein, she was arrested and offences were registered against her under the aforesaid provisions of the IPC and PITA. Upon completion of investigation, chargesheet was submitted and the appellant was charged with having committed the aforesaid offences.