JACOB LALRAMTIAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Joseph L. Renthlei, learned counsel for the appellants and Ms. Linda L. Fambawl, learned Public Prosecutor for the State. Since both the appellants have been convicted by a common Judgment and Order, both the appeals have been taken up for disposal.

(2.) The appellants being aggrieved with the Judgment and Order dtd. 26/3/2021 passed by the learned Addl. District and Sessions Judge - II, Aizawl in S.C No. 41/2017 corresponding to Criminal Trial No. 344/2017 convicted them under Sec. 4(1) Part - II read with Sec. 4(2)/5(1)(a)(c)(d) Part - I of the Immoral Traffic (Prevention) Act, 1956 (ITP Act) and thereafter, sentencing them to undergo seven (7) years imprisonment each for conviction under Sec. 4(1) Part - II read with Sec. 4(2) of the ITP Act and further, to undergo Rigorous Imprisonment for three (3) years for conviction under Sec. 5(1)(a)(c)(d) Part - I of the ITP Act with a fine of Rs.2,000.00 each with a default clause have filed the instant appeals. According to the learned Trial Court, since it was a single transaction, both the sentences were directed to run concurrently.

(3.) The case of the prosecution in brief is that on 1/7/2016, a written FIR was received from Inspector R. Chhawnkima to the effect that they came across one Facebook group called "I DUH2 LO POST LA,,,I DUH2 IN LO CHE VE RAWH" (Post whatever you want, do whatever you feel like) in which one Mapuia Hrahsel posted "ROOM and Girl first class call girl duh tan, 8259887500 ah min lo be dawn nia. Inbox, watsp, phonecall" (For those interested in room and first class call girl, please call, inbox or whatsapp at 8259887500). When enquiry was made, it was found that two (2) persons who are the present appellants both of Nursery Veng, Aizawl were involved in the illegal selling of some girls for the purpose of prostitution thereby living on the earning of prostitution. Hence, Aizawl P.S Case No. 284/2016 under Sec. 4(1)/4(2/5(2) of the ITP Act was registered and investigated into. Although the case falls under the jurisdiction of SDPO, Aizawl South, the case was initially endorsed to Mr. P.C. Laltanpuia, SDPO, Aizawl North since the SDPO, Aizawl South was on leave. It was later on endorsed to Mr. F. Lalbiakzauva, SDPO, Aizawl South since SDPOs are appointed as Special Police Officers to deal with offence under the ITP Act within their jurisdiction vide Home Department Notification under Memo No. A.60011/2/88-HMP dtd. 3/1/1997. The previous case I.O P.C Laltanpuia carried out the investigation at the initial stage wherein, he examined the complainant and he also formally arrested the two (2) accused persons/appellants in the presence of witnesses by preparing formal arrest memo. During the course of investigation, the Investigating Officer seized a black coloured rucksack with Rs.500.00 and a red ladies purse with Rs.250.00 from the alleged victim Lalthakimi. A Carbon Mobile phone was seized from Jacob Lalramtiama and a Mobile phone handset Samsung Galaxy J2 from the accused David Lallawm-awma. Further, a Birth Certificate in respect of the victim Lalthakimi was also seized. The alleged victims Lalthakimi and Angie Lalhlimpuii during the investigation made their statements which was recorded under Sec. 164 Cr.PC. Upon conclusion of the investigation and having found a prima facie case established against the accused persons under Sec. 4(1)/4(2)/5(1)(a)(c)(d) of the ITP Act. Mr. F. Lalbiakzauva, SDPO, Aizawl South submitted the chargesheet. Charge was then framed against the appellants under the aforesaid Sec. of law on 23/3/2017 and to which, they pleaded not guilty and claimed for trial. Accordingly, trial was initiated against the appellants and in the process, the prosecution examined 14 prosecution witnesses. The appellants were examined under Sec. 313 Cr.PC but they did not produce any witness in their defence. Consequently, the learned Trial Court upon hearing the parties convicted and sentenced the appellants in the manner as already stated herein above. Aggrieved, they are before this Court.