SABITRI CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 31/8/2018 and 1/9/2018 passed by the learned Additional District and Sessions Judge, Bench - II, City Sessions Court, Bichar Bhawan, Calcutta in Sessions Trial No. 01 (07) of 2013 arising out of Sessions Case No. 31 of 2013 convicting the appellant and one Manowar Bibi for commission of offence punishable under Ss. 344/120B and 366A/120B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years each and to pay fine of Rs.3,000.00 each, in default, to suffer simple imprisonment for three months more for the offence punishable under Sec. 344/120B of the Indian Penal Code and also to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000.00 each, in default, to suffer simple imprisonment for one year more for the offence punishable under sec. 366A of the Indian Penal Code; both the sentences to run concurrently.

(2.) On 30/11/2012 Joint C.P., Crime received a complaint from one Hasina Begum and her husband Noor Islam that their minor daughter had been bought by the appellant and was being used for prostitution. On the basis of such complaint a raid was organised. The raiding team was led by one Tapan Saha and comprised of a number of officers including Tandrima Gupta (PW 8). The team went to 52/1, Rafi Ahmed Kidwai Road popularly known as Bata More. Office of a NGO named CINIASHA was situated near the spot. A member of NGO joined the raiding party. Upon entering the premises the raiding party went to the first floor and knocked the door. Appellant opened the door. The raiding party found the floor was divided in small cubicles. In one of the cubicles three girls who appeared to be minor were sitting. On query they disclosed their identities. They stated that they had been brought to the premises on the pretext of giving job as domestic workers. They were detained by the appellant and utilised for prostitution. Monowara Bibi and her husband Yaqub were also complicit in the crime.

(3.) Statement of one of the victims was recorded and treated as F.I.R. The victims were recovered and various articles were seized from the place of occurrence. Victims were medically examined and were found to be minors. Their statements were recorded under Sec. 164 of the Code of Criminal Procedure.