AMARPREET KAUR CHAWLA @ KOMAL @ KURDIP KAUR @ LOVERY, D/O AMARJEET SINGH, RESIDENT OF BHATIA BASTI, KADMA, P.O. & P.S. KADMA, TOWN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This application is directed against the order dated 23rd Sept., 2013 passed by Shri K.M. Prasad, learned Judicial Magistrate, 1st class, Jamshedpur, by which the petitioner has been convicted for the offence punishable under sections 3, 4 & 5 of the Immoral Traffic Act (Hereinafter referred to as the Act) and has been sentenced to undergo R.I. for one year and a fine of Rs.500.00 for the offence committed under section 3 of the Act, R.I. for one year committed under section 4 of the Act and R.I. for three years for the offence committed under section 5 of the Act and to pay a fine of Rs.1,000.00 for the offence committed under section 3 of the Act and all the sentences were to run concurrently. The petitioner has also challenged the judgment dated 26.8.2015, passed in Cr. Appeal No. 274 of 2013, by which the judgement and order of conviction and sentence passed against the petitioner has been affirmed.

(2.) An FIR was instituted on 11.10.2010 with respect to a raid conducted in Flat No. 411 at Adarsh Nagar, Sonari pursuant to an information received that a brothel was running by a lady called Priti. On conducting a raid, it was found that inside the Flat two ladies and two unknown persons were present and a girl was also present in the other room in the said portion. Two of the boys suddenly pushed the lady police and fled away and in spite of attempt made by the police, they could not be apprehended. The women who were apprehended namely Rupali Mazumdar and Laxmi Rao had confessed that they were involved in sex trade. The petitioner, who was inside the room was also apprehended who had confessed her guilt and from the possession of apprehended women several incriminating articles were recovered.

(3.) After institution of the FIR, investigation was conducted, which resulted in submission of charge-sheet and after charge was framed under sections 3, 4, 5 & 7 of the Act, trial proceeded. In course of trial, four witnesses were examined on behalf of the prosecution. On conclusion of the trial, by judgment dated 29.2013, learned Judicial Magistrate, 1st class, Jamshedpur was pleased to convict the petitioner for the offence under sections 3, 4 & 5 of the Act and sentenced her accordingly. Being aggrieved by the order of conviction and sentence, the petitioner along with others had preferred an appeal being Cr. Appeal No. 274 of 2013, which however, was dismissed by the learned District & Additional Sessions Judge-IV, Jamshedpur on 26.8.2015.