SALAUDDIN ABDUL WAHID KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants herein are convicted vide judgment and order dated 3rd Feb., 2015 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 317 of 2014 for the offence punishable under Sec. 370 of the Indian Penal Code and sentenced to suffer R.I. for seven years and to pay fine of Rs.500.00 each, in default, to further undergo R.I. for one month.

(2.) It is the case of the prosecution that the present Appellants were acquainted with the victim Ms. X - PW2. They are all original residents of the State of Uttar Pradesh. Accused No.2 happens to be the wife of Original Accused No.1. It is the case of the prosecution that Appellant No.1 - Salauddin had proposed marriage with the victim Ms. X. The proposal was turned down by her mother. That in the month of Feb., 2014 i.e. on 5th Feb., 2014, the Appellants had asked the victim to accompany them to Mumbai for attending Hajimalang Baba Urus. The victim was staying with them at Mumbai. In the Urus, Appellant No.1 - Salauddin was working as a cook. On 18th Feb., 2014, Appellant No.1- Salauddin was missing for the whole day. On 19th Feb., 2014, he had asked the victim to sit near a temple. He had brought one child, which was about three months' old. The victim -PW2 was not aware as to whose child it was. The Appellants had informed the victim that they were visiting the doctor for treatment as the child was not keeping well. Within a short while, the police had been to the spot. The Appellants were taken in the custody by the police. They were also accompanied by some other people. Upon seeing the police, PW2, the victim was scared. She was hardly 19 years' old. The police had taken her to the police station. Due to fear of police, she had disclosed to the police that she happens to be the second wife of Accused No.1 -Salauddin. She was seeing the police assaulting the accused, she felt sympathy for them as she had been not been harassed by the accused person during her stay at Mumbai. In order to save the Appellants from police torture she had also gone to the extent of claiming that she happens to be the mother of the said child. Thereafter, victim-PW2 was taken to the shelter home at Deonar. She had contacted her family members telephonically.

(3.) It is the case of the prosecution that the victim has learnt from the police that the accused Salauddin had wanted to sell her to PW4 - Seema Ghosh and PW5- Mumtaz Shamim Ansari. The profession of PW4 and PW5 was prostitution.