SAMSUDDIN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 17.11.2014 passed by learned Sessions Judge, Morigaon in Sessions Case No.88/2010 convicting the appellant under Sec. 120(B)/366(A)/372 Penal Code and sentencing him thereby to undergo rigorous imprisonment for 10 years with fine of with fine of Rs.10,000.00 for his conviction under Sec. 120(B)/372 IPC, in default, rigorous imprisonment for six months; rigorous imprisonment for seven years with fine of Rs.5,000.00in default rigorous imprisonment for three months for the offence committed by him under Sec. 120(B)/366 IPC.

(2.) Heard Mr. A Mannaf, learned counsel for the petitioner and the learned Additional Public Prosecutor.

(3.) Prosecution story: The victim Sabnam (original name withheld) after her marriage with Mzaffar Ali sometime in later part of 2006 was taken to her matrimonial house. After a week of her marriage Muzaffar Ali left her and a week thereafter her father-in-law Samsuddin (appellant herein) asked her to go with Aijul Haque to Guwahati on the pretext that her husband Muzaffar has a Battery shop there. Safia, daughter of Samusddin joined her when she boarded the Guwahati bound train with Aijul. At Guwahati they offered her tea and on consuming tea she went on sleeping and reached Mumbai. Safia and Aijul took her to a hotel and she was sold to a brothel in exchange of huge money. She was then engaged in prostitution. She was in the brothel for about nine months, thereafter her mother getting information requested Aijul to bring her back on payment of Rs.30,000.00 and Aijul brought her back to Guwahati and then to her parental house. Sabnam lodged the FIR on 16.08.2007 and Mikirbheta PS Case No. 98/2007 under Sec. 120(B)/366(A)/372 Penal Code was registered against the accused Md. Samsuddin, Mustt. Sufia Khatun, Md. Muzafar Ali and Md. Aizul Hoque. It is alleged in the FIR that the accused persons have sold 13 girls of the locality in the said brothel and they are still there. On completion of investigation charge-sheet against the accused persons aforementioned under Sec. 120(B)/ 366 IPC, showing the accused Sufia Khatun, Muzafar Ali and Aizul Haque absconder, was submitted. Accused Sufia, Mazafar Ali and Aizul Hoque were proclaimed absconders and the case against appellant Samsuddin was committed for trial.