NAKUL BERA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgement and order dated 15.03.2013 passed by learned Additional Sessions Judge, Fast Track, 2nd Court, Haldia, Purba Medinipur in Sessions Trial No. 1(11) of 2011 convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and under Sections 3/4/6/7 of the Immoral Traffic (Prevention) Act and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.50, 000/-, in default to suffer rigorous imprisonment for 1 year more for the offence punishable under Section 376 of the Indian Penal Code, to suffer rigorous imprisonment for five years and to pay a fine of Rs.10, 000/-, in default to suffer rigorous imprisonment for three months more for the offence punishable under Section 3 of the Immoral Traffic (Prevention) Act, to suffer rigorous imprisonment for two years and to pay a fine of Rs.1, 000/-, in default to suffer rigorous imprisonment for one month more for the offence punishable under Section 4 of the Immoral Traffic (Prevention) Act, to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10, 000/-, in default to suffer rigorous imprisonment for three months more for the offence punishable under Section 6 of the Immoral Traffic (Prevention) Act and to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.10, 000/-, in default to suffer rigorous imprisonment for three months more under Section 7 of the Immoral Traffic (Prevention) Act, all the sentences to run concurrently.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 24.02009 (between 15.05 hours and 16.05 hours ) on receiving a secret information regarding commercial sexual exploitation of girls at a hotel cum restaurant named and styled "Saheb Hotel" at Uttar Kasimnagar on National Highway 41 under Mahisadal Police Station, a group of CID Officers under the supervision of P.W.6, namely, D.S.P. Nirmal Kumar Bhattacharya had conducted a raid in the said hotel. The Police Officials were assisted by members of nongovernment organisations, namely, "Sanglap" and International Justice Mission.

(3.) In the course of raid, three girls, namely, Mina Santra (P.W.8), Monita Sardar (P.W.10) and Sukla Chakraborty @ Rejina Sk. (P.W.11) were recovered from the said hotel. The accused persons confessed that they had procured the victim girls for commercial sexual exploitation. The victim girls stated that the appellant was the owner of the hotel and had forced them to commercial sexual exploitation for financial gain in collusion with other accused persons. The appellant and other accused persons tried to flee away but were apprehended. Four mobile phones were recovered from accused Ashutosh Roy. Contraceptives and other articles were seized under a seizure list. On the written complaint of P.W.6, Nirmal Kumar Bhattacharya, Mahisadal Police Station Case No.34 of 2009 dated 24.2.2009 under Sections 365/366/367/34 of the Indian Penal Code and under Sections 3/4/5/6/ 7/9 of the Immoral Traffic (Prevention) Act was registered for investigation.