LAWS(BOM)-2019-7-122

LEKHRAJ OMPRAKASH JHANJAWAT Vs. STATE OF MAHARASHTRA

Decided On July 22, 2019
Lekhraj Omprakash Jhanjawat Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel for the parties.

(2.) At the outset it is required to be noted that since the crime registered by the Police is under the Immoral Traffic (Prevention) Act, 1956 (for short "the said Act") so also under the Indian Penal Code and Victim is alleged to have been compelled to involve herself in prostitution, the identity of the victim needs to be concealed, and hence she is referred to as Victim - XYZ. The Registry is directed to maintain the record accordingly.

(3.) This Writ Petition takes exception to the order dated 13/12/2018 passed by the Additional Sessions Judge, Sangli by which order Criminal Appeal No.198 of 2018 filed by the Petitioner against the order dated 22/10/2018 of the learned Judicial Magistrate First Class, Sangli came to be dismissed. By order dated 22/10/2018 the learned Magistrate rejected the Application filed by the Victim XYZ through her guardian brother, who is Petitioner herein, for handing over the custody of the Victim XYZ to her brother i.e. the Petitioner herein, and sent the Victim-XYZ to Asha Kiran, Mahila Shasakiya Nivas-Sthan, Karve Naka, Opposite to Market Yard, Karad, Dist. Satara for a period of one year (herein after referred to as "the Corrective Institution").