RAKESH AND ORS. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants, two of whom are women, and are undergoing sentence awarded for conspiring to restrain a minor girl in a hotel, and then forcing her into flesh trade, have come up before this Court under Sec. 374(11) of CrPC, for setting aside the judgment of conviction and sentence, and seeking acquittal.

(2.) On 27/6/2011, Ex Gram Panchayat Pradhan Surjeet Singh, called ASI Jeet Singh at 8: 55 PM, informing him that a minor girl, who hails from Punjab, was sitting alone in a rain shelter at Khatiyar. After that, the sitting Pradhan, PW 1, Mrs. Suman Bala, took the said girl to her home, where she provided her food, and made her stay for night. In the morning, the Pradhan took her to the Police Station, where outside the premises of the Police Station, the Investigator recorded her statement under sec. 154 CrPC, which led to the registration of the FIR mentioned above. The statement revealed that the father of the victim was Kabaal Singh, who was the first husband of her mother. The victim was residing with her mother and her stepfather. In May 2011, the victim was at her bhabhi's place at Sultanpur, Panjab, from where, around 7-8 days ago, Sheetal (A-2) and Pooja (A-3), who knew her, allured her on the pretext of training her for dance. After that, these two women and husband of Pooja, brought her to Nurpur in Himachal Pradesh, to a hotel named Royal Dream. Rakesh (A-l), was the Manager of the said hotel. All these persons, confined her in the hotel against her will, where she was forced into flesh trade. These pimps would call customers on phone, who would rape her. The money received from the customers was taken by the accused Sheetal and the accused would distribute it amongst them. During this period, around 10 to 12 people raped her. The prosecutrix was made to consume beer and a yellow color pill when she complained of pain. Accused Sheetal made her watch pornographic videos on her mobile phone and asked her to enact the same with the customers. The pants, top, slacks, underwear were provided to her by accused Sheetal, who would take the used one with her. The accused persons confined her for 3 or 4 days in Hotel against her wishes, after which she left the hotel. On 27/6/2011 in the morning, she again visited the hotel Royal Dream to request the accused Rakesh not to defame her before her relatives. Rakesh (A-1) sent the victim with two persons in a car who pressed her breast. In the evening, the said two persons, one of whom she named as Yashpal, dropped her at Khatiar, from where PW 1 Suman Bala took her to her home. Bed sheets of the hotel room where the prosecutrix was confined were seized. Police also seized the registers of Guests and Visitors of the Hotel. The clothes of the victim which were worn by her and taken by Sheetal were also seized. The medical examination of the victim was conducted. PW16 Dr Raman Sharma, Radiologist conducted her ossification test and found her to be 16-17 years of age. Samples were sent to RFSL for scientific analysis, where the laboratory did not detect any semen from any of the samples. The Police procured her school leaving certificate, (Ex PW 13/N) issued by Principal Ravi Gujral (PW-17), which revealed that as per the record of the school, the date of birth of the victim was 5/3/1997.

(3.) After the completion of the investigation, the SHO filed a report under Sec. 173 CrPC, seeking prosecution. The Trial Court found a prima facie case and framed the charges mentioned above, and the trial commenced.