PRIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE aboriginal tribes in the real sense are the children of the mother nature. They are marked with the influence of warmth and cold, sunshine and rain wind and storm upon their own personal comfort. For ages, they continued to pray and worship the fire and the forest, the sun and the cloud, but now it seems that their dreams are being invaded from the flickering light of the modern world.

(2.) THE present is an unfortunate story of plight of an unfortunate girl belonging to Mobia community of an area inhabited by aboriginal tribes of Chhattisgarh. Petitioner Priya (whose real name is Vaishakhi alias Pushpa), who had changed her name as Priya to escape herself from ignominy after her sexual exploitation in dacoity infested area of Bhind. Out of three, she is the eldest daughter in the family and had dropped out of the Govt. Middle School, Mirgaon after she failed in Class VIIth in the year 1998. As per school records, her date of birth is 30-6-1982. In the year 1999, she came in contact with one Lalit Rawat and developed intimacy with him. Since Lalit Rawat was already married and was arrested on the complaint of his wife, the petitioner was compelled to lead an immoral life through Smt. Beena, respondent No. 8, her close relation. Daver Chand was younger brother of Beena who was married to Urmila, younger sister of the petitioner. In the month of March, 2000, Daver Chand took the petitioner to Smt. Beena at Bhind, who was an active participant of a Brothel House, run by Smt. Kamla, respondent No. 7 in Old Red Light Area, situated at Hazarilal Ki Sarai, Neemwali Gali, Bhind. By persua-tion or by force, the petitioner too was admitted in this Brothel House, and was sexually exploited for the benefit of the two ladies.

(3.) SHRI Anil Kumar Singh Bhadoriya a bachelor practising Advocate of Bhind claiming himself to be a sympathizer, of the petitioner, said to have come in the contact of the petitioner with the help of one Natraj Photo Studio, situated opposite to the house of respondent Nos. 7 and 8. The petitioner through Shri Bhadoriya, Advocate moved an application for her rescue, before the Sub-Divisional Magistrate, Bhind (in short SDM ). The SDM issued a search warrant under Section 97 of the Code of Criminal Procedure, for the production of the petitioner, pursuant to which, Town Inspector of City Kotwali, Bhind recovered the petitioner from the illegal custody of the respondent Nos. 7 and 8. The SDM after recording the statement of the petitioner, remanded her to be kept at Short Stay Home in Nari Niketan, Gwalior.