NIRU SINGH Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is a petition under section 440 of the Code of Criminal Procedure, 1973.

(2.) The fact of the case is that one Ms. Chandra Maya Chettri of Munew Busty, West Sikkim was kidnapped by one Mr. Tilbahadur Chettri of Rumbuk Village on the pretext that she would be taken to Nepal. But ultimately Tilbahadur took her to Siliguri and made her over to Smt. Niru Singh, who is the petitioner before us. At that place Chandra Maya had to lead immoral life under the care of Niru Singh and she had to perform sexual acts with Tilbahadur Chettri and thereafter with many people of Siliguri area. The place where Chandra Maya was kept is known as Khalpara. This continued for one month till Chandra Maya was recovered by her father with the assistance of Police.

(3.) Accused petitioner was arrested and produced before the Siliguri Court on 24.6.1995 and was sent to Siliguri Special Jail from there. Ultimately a charge sheet was submitted by Gyalshing P.S.Under sections 363/346/365/506 read with section 34 IPC together with Section 5 and 6 of the Suppression of Immoral Traffic in Women and Girls Act, 1956.