Case arising out of: FIR No. : 20 / 12 PS Kamla Market Under Section : 366A / 372 / 373 / 376 / 342 / 109 / 34 IPC, 23 J.J.Act and 3 / 4 / 5 / 6 ITP Act. Staff of Shakti Vahini NGO viz., Sh.Subir Roy, Director Programme and Saie Shetye, Research and Training Officer came to
Case arising out of: FIR No. : 20 / 12 PS Kamla Market Under Section : 366A / 372 / 373 / 376 / 342 / 109 / 34 IPC, 23 J.J.Act and 3 / 4 / 5 / 6 ITP Act. Staff of Shakti Vahini NGO viz., Sh.Subir Roy, Director Programme and Saie Shetye, Research and Training Officer came to
Case arising out of: FIR No. : 20 / 12 PS Kamla Market Under Section : 366A / 372 / 373 / 376 / 342 / 109 / 34 IPC, 23 J.J.Act and 3 / 4 / 5 / 6 ITP Act. Staff of Shakti Vahini NGO viz., Sh.Subir Roy, Director Programme and Saie Shetye, Research and Training Officer came to
Additional Sessions Judge- Special FTC 2 (Central) Tis Hazari Courts: Delhi. Sessions Case No. : 32/13 Unique ID No. : 02401R0243652012 State versus (i) Rekha D/o Sh.Rajesh R/o Kotha No.70, IInd Floor, Left Side, G.B.Road, Ajmeri Gate, Delhi. (2) Sheetal D/o Sh.Newroti R/o Kotha No.70, IInd Floor, Left Side, G.B.Road, Ajmeri Gate, Delhi. Case arising out of: FIR No. : 20/12 Police Station : Kamla Market Under Section : 366A/372/373/376/342/109/34 IPC, 23 J.J.Act & 3/4/5/6 ITP Act. Judgment reserved on : 17.04.2014 Judgment pronounced on : 25.04.2014 SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :2: J U D G M E N T Prosecution Case: It is the case of the prosecution that on 28.02.2012 at about 5:40 PM, staff of Shakti Vahini NGO viz., Sh.Subir Roy, Director Programme and Saie Shetye, Research & Training Officer came to PS Kamla Market and informed SHO PS Kamla Market that one minor girl was being forcibly confined at a kotha at G.B.Road and forced into prostitution. On receipt of this information, Insp. Pramod Joshi SHO PS Kamla Market constituted a raiding party comprising of SI Ajay Singh and W/Ct.Sarita along with the staff of Shakti Vahini NGO and reached at Kotha No.70, IIIrd Floor, G.B.Road, where Beat HC Mahesh Tyagi met them. All the girls at the said Kotha were gathered at one place and were interrogated. During the course of interrogation, one girl namely S.B. (name withheld to protect her identity) came forward and stated that she wants to return to her native place. She also got recorded her statement wherein she stated that she belongs to West Bengal, her father is a contractor of manufacturing Bus Stands and she is studied up to 9 th standard. She further stated that in village she developed friendship with one boy namely Raju, who SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :3: roped her in his love net and asked her to accompany him to Delhi on the pretext of marrying her at Delhi. Believing upon his words, Prosecutrix 'S.B.' accompanied him to Delhi. She further alleged in her statement that about 5-6 months also, Raju took her to Sialda Railway Station, where he introduced her to a woman and asked her to accompany that woman to Delhi and also told her that he would reach Delhi after 2-3 days. Accordingly, Prosecutrix 'S.B.' reached Delhi along with that woman, who made her stay at a house at Majnu Ka Teela with her for seven days. Thereafter, that woman took the Prosecutrix 'S.B.' to G.B.Road and had sold her to another woman namely Sheetal for Rs.30,000/- and left from there. Thereafter, Sheetal told the Prosecutrix 'S.B.' that this place is a Kotha where work of Prostitution is being done and that she would also have to do the same. When she objected and refused for doing this work, Sheetal along with other woman present at the Kotha namely Rekha threatened the Prosecutrix 'S.B.' by saying that she has to stay at this kotha now and earn money for them by doing the work of Prostitution. Thus, Prosecutrix 'S.B.' was forced into prostitution by both accused Sheetal and Rekha and was compelled to establish physical relations against her wishes with the customers visiting that kotha. The Prosecutrix SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :4: 'S.B.' further alleged in her statement that both accused Sheetal and Rekha also used to distribute all her earnings amongst them and not allow the Prosecutrix 'S.B.' to go out of the said kotha. On the basis of the aforesaid, a case under Section 366A/372/373/376/342/109/34 IPC and 3/4/5/6 ITP Act was got registered. During the course of investigation, site plan was prepared at the instance of Prosecutrix S.B and accused Rekha was arrested at her instance and her disclosure statement was got recorded. Prosecutrix was medically examined at LNJP hospital, the exhibits so collected from the hospital were also seized and her statement under Section 164 Cr.PC was also got recorded before the ld. MM. It is pertinent to mention that in her statement under Section 164 Cr.PC Prosecutrix 'SB' stated that she was purchased by both the accused Sheetal and Rekha and thereafter both of them forced her into prostitution and her custody was subsequently handed over to her father. On 09.03.2012 accused Sheetal was also arrested from the Kotha No.70, G.B.Road and her disclosure statement was also got recorded. Charge sheet further reveals that the Prosecutrix also named Raju and Raj. However, they could not be traced despite best efforts. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :5: Statements of witnesses were also recorded, exhibits were sent to FSL for expert opinion and after completion of investigation, charge sheet qua both the accused viz., Rekha and Sheetal was filed before the court. Charges: Upon committal of the case the accused and on the basis of material on record vide order dated 23.08.2012, both the accused were charged for the offence under Section 366A/343 r/w Section 34 IPC, 109 r/w Section 376 IPC, under Section 23/26 JJ Act and under Sections 3/4/5/6 of ITP Act vide order dated 31.03.2014, an additional/amended charge under Section 373/34 against accused Rekha was framed. In addition to the above accused Sheetal was also charged for the offence under Section 373/34 IPC separately. Both the accused pleaded not guilty and claimed trial when the aforesaid charges were read over and explained to them separately. Prosecution Evidence Prosecution examined 15 witnesses so far to prove the guilt of the accused persons. It is relevant to examine the testimony of the victim first, she being the most important witnesses of Prosecution. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :6: PW-9 is Prosecutrix 'S.B' who deposed that while she was studying in school in 9 th standard in the year 2011, one boy namely Ajay @ Raju met her in her village and he told her that he is in love with her, but she refused. He used to meet her on the road and blocked her way and used to insist that he loves her. She further deposed that he threatened that he would kill her and her family members in case she do not love him. Prosecutrix 'S.B.' further deposed that he brought her to Sialda and handed her to a lady in Sialda and told her that she has to go to Delhi with that lady and that he would follow her in 2 or 3 days. That lady brought the Prosecutrix to Delhi, where she kept her at Majnu Ka Tila for about one week, but Ajay did not come there. She further deposed that two ladies from G.B.Road, Kotha No.70 came there and she was asked by that lady to accompany them. When she refused, she was given beatings by that lady. Prosecutrix also deposed that those two ladies gave Rs.30,000/- to that lady and took her to Kotha No.70 and told her that they would release me after one year. The Prosecutrix refused, but she was given beatings. The name of those two ladies were Sheetal and Rekha. The Prosecutrix correctly identified the accused in the court and SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :7: further deposed that when she reached Kotha No.70, she saw many girls there and they were there for more than one year. She was forced into prostitution by Sheetal and Rekha and her earnings were kept by accused Sheetal. The earning of other inmates were also kept by accused Sheetal and Rekha and that was their livelihood. She was forcibly detained in the kotha by accused Sheetal and Rekha. In the Kotha, the Prosecutrix become friendly with another inmate namely 'S' (name withheld) and she informed her family through the mobile phone of one customer and asked her to do the same but Prosecutrix refused as she was very much frightened of the beatings given by the accused persons. But, after about two days, she informed her family through the mobile phone of one customer. Her family members came at PS Kamla Market and informed them and she was rescued from the Kotha on 28.02.2012. The Prosecutrix also proved her statement which was recorded by the police official as Ex.PW-9/A. She also correctly identified her signatures on the statement under Section 164 Cr.PC recorded before the ld. MM and proved the same as Ex.PW-9/B. At the time of recording of her statement before the court the SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :8: Prosecutrix also stated that some man was making threatening calls to her father and threatening to kill him in case she would come to Delhi to depose before the court. In order to establish the date of birth of the Prosecutrix 'S.B.', Dr.Anirban Roy, Health Officer and Registrar (Births & Death), Panihati Municipality, Calcutta was examined as PW-12. He brought the summoned record i.e. Register of Births of Panihati Municipality, Calcutta and deposed that as per entry No.1590 dated 02.06.1995 of the Register, the date of birth of Prosecutrix 'S.B.' is 22.04.1995. He proved the said birth certificate as P-1 and deposed that the same has been issued by the then Health Officer & Registrar (Births & Deaths) Dr.Samir Sen Gupta. This witness also proved the photocopy of the relevant entry as Ex.PW-12/A and that of register of the hospital with photocopy of the relevant entry of the hospital as Ex.PW-12/B. Prosecution also examined the inmates of Kotha No.70, G.B.Road, Delhi, which include PW-11 Ms.Shanti. Howevr, she deposed that about 03 months ago, she was doing the job of maid at Kotha No.70, IInd Floor, G.B.Road, Delhi and that the girls working there as prostitute were doing so with their own will and no one was supervising them. She further SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :9: deposed that she does not know any person by the name of Prosecutrix 'S.B.'or accused Rekha or Sheetal. This witness also failed to identify both accused in the court. On the other hand PW-13 Ms.Neelam deposed that she is doing the work of dancing and singing at Kotha No.70, IIIrd floor, G.B.Road, Delhi and that she is not the owner of the said Kotha. She further deposed that she do not know as to who is the landlord/owner of the said Kotha. Upon being questioned as to who has given permission to her to stay at Kotha No.70, IIIrd floor, G.B.Road, Delhi she replied that no one has given permission to her and that she is living there out of her free will. She further deposed that she used to keep all her earnings from prostitution with her and that she was not paying any rent to anyone. She further deposed that she never met with a girl in the name of Prosecutrix 'S.B.' and also failed to identify both the accused persons in the court. Whereas PW-14 Ms.Sonia deposed that she have been residing at the Kotha No.70, IIIrd Floor, G.B.Road, Delhi for last about 10 years and doing the work of singing and dancing. She do not know as to who is the owner of the said Kotha. She further deposed that she is living at the said SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :10: kotha as a tenant, but she do not know to whom she paid the rent. She correctly identified accused Rekha and Sheetal in the court and further deposed that about 10-15 other girls are residing in the aforesaid kotha, who are also doing the work of singing and dancing including Rekha, Sheetal, Sapna and Neelam. PW-14 also deposed that a licence has been issued by some authority for doing the aforesaid work in the said Kotha but she do not know in whose name the said licence had been issued. She also deposed that no other work except singing and dancing is being done at the Kotha and that police never met her nor recorded her statement. All the three aforesaid PWs viz., PW-11, PW-13 and PW-14 thus, failed to support the prosecution case and were declared hostile. Dr.Subir Roy from Shaktivahini, NGO was examined as PW-8, who deposed that on 27.02.2012, they received an information that a minor girl is detained at Kotha No.70, IIIrd Floor, Left Side, G.B.Road, forcibly for prostitution purposes. On 28.02.2011, he along with his colleague Saie Shetye went to PS Kamla Market at about 5:30/5:45 PM and gave the above information to SHO PS Kamla Market. A raiding party comprising of SHO Insp.Pramod Joshi, SI Ajay Singh, W/Ct. Sarita, myself and Saie SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :11: Shetye was constituted and they left the PS at 6:30 PM. On reaching near Kotha No.70, SHO Insp.Pramod Joshi requested 4-5 persons to join the raiding party. But they refused on their personal grounds. Beat Head Constable Mahesh Tyagi met them there and he was joined in the raiding team. PW-8 further deposed that they went to IIIrd floor, left side, Kotha No.70, G.B.Road and all the girls were called in a room by the SHO. SHO made inquiries from the girls about their willingness to leave the kotha. Out of them, Prosecutrix 'S.B.' her consent for leaving the kotha and said that she had been forcibly detained there. Inquiries were made from her from Saie Shety and W/Ct.Sarita. SHO recorded statement of Superna and prepared a rukka and handed over the same to HC Mahesh Tyagi. PW-8 further deposed that the Prosecutrix 'S.B.' named Rekha and Sheetal as the persons who have forcibly detained her for prostitution. During the search, Rekha was found in Kotha No.70 and she was identified by the Prosecutrix and was arrested vide arrest memo Ex.PW-2/A and her personal search was conducted by W/Ct.Sarita vide memo Ex.PW-2/B in his presence. PW-8 along with Saie Shety went to PS Kamla Market. This SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :12: witness also deposed that on the next day i.e. on 29.02.2012 they went to CWC where Prosecutrix 'S.B.' was produced before CWC by police officials and they produced counseling report before CWC. PW-6 is Dr.Ravleen, who medically examined the Prosecutrix on 28.02.2012 vide MLC No.29737 and proved the same as Ex.PW-6/A. She further referred the Prosecutrix for her gyne examination and ossification test. Whereas PW-7 is Dr.Seema Rawat who conducted the gyne examination of the Prosecutrix on 28.02.2012 and proved her findings as mentioned in Ex.PW-2/E, bearing her signatures at point C. Remaining witnesses pertain to investigation which include PW-5 Duty Officer ASI Randhir Singh who deposed regarding recording of FIR on 28.02.2012 and proved the computerized copy of the same as Ex.PW-5/A and his subsequent endorsement on the same as Ex.PW-5/B. PW-1 is DD Writer L/Ct. Poonam, who deposed that she made a departure entry of police officials on 28.02.2012 at about 6:45 PM vide DD No.62B and proved the same as Ex.PW-1/A. Whereas, PW-3 Ct.Yogesh Kumar deposed regarding receiving the exhibits of the instant SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :13: case from MHC(M) in sealed condition on 15.03.2012 and depositing of the same in FSL, Rohini against their receipt. PW-4 is HC Ram Dutt (MHCM) who deposed regarding having received one pulanda having two sample seals with the seal of 'LNH', New Delhi from SHO Insp.Pramod Joshi on 28.02.2012 vide entry in Register No.19 at Srl. No.2871 and sending the same to FSL Rohini on 15.03.2012 through Ct.Yogesh vide RC No.14/21. He also proved the photocopy of the register No.19 as Ex.PW-4/A, photocopy of RC as Ex.PW-4/B and receipt of FSL as Ex.PW-4/C. Remaining witnesses pertain to the members of raiding party which include PW-2 W/Ct. Sarita who deposed regarding having accompanied the SHO Insp.Pramod Joshi, SI Ajay along with officials of Shakti Vahini, NGO to Kotha No.70, IIIrd Floor, Left Side, G.B.Road, Delhi on 28.02.2012, where they met the Prosecutrix 'S.B.' She further deposed regarding recording of the statement of the Prosecutrix by the SHO upon her identification by the Staff of NGO. She also deposed regarding preparation of the site plan by the IO and arrest of accused SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :14: Rekha vide memo Ex.PW-2/A at the instance of Prosecutrix, conducting of her personal search memo vide memo Ex.PW-2/B, recording of her disclosure statement Ex.PW-2/C. PW-2 further deposed that Prosecutrix 'S.B.' was asked to identify any person/customer who had committed sexual intercourse with her but she failed to identify any person as a customer who had committed sexual intercourse with her. She further deposed regarding taking of the Prosecutrix to the LHMC Hospital for her medical examination and collection of one pullanda and sample seal which were sealed vide memo Ex.PW-2/D and also proved her signatures on the MLC of the Prosecutrix as Ex.PW-2/E. PW-2 further deposed regarding arrest of co-accused Sheetal on 09.03.2012 from Kotha No.70, IIIrd Floor, Left Side, G.B.Road, Delhi vide arrest memo Ex.PW-2/F, conducting of her personal search vide memo Ex.PW-2/G and recording of her disclosure statement vide memo Ex.PW-2/H. PW-10 SI Ajay Singh also deposed on similar lines as that of PW-2 being a part of raiding team on 28.02.2014. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :15: Whereas IO/SHO Insp.Pramod Joshi stepped into the witness box as PW-15 who deposed that on 28.02.2012, at about 5:45 PM, staff of NGO Shaktivahini including Sh.Subir Roy and Sai Setty came to the PS and informed him that a minor girl is detained at Kotha No.70, 3 rd Floor, G.B.Road, Delhi. He accordingly constituted a raiding party consisting of himself, W/Ct.Sarita and SI Ajay and reached the aforesaid Kotha with NGO Staff. The beat staff HC Mahesh Tyagi also reached at the spot, who was on patrolling duty in that area. He further deposed that about 15-20 girls were found present at the aforesaid kotha, who were gathered together and he made inquiries from them. Out of those girls one girl i.e. the Prosecutrix 'S.B.' came forward and told them that she wanted to go back to her home as she has been forcibly detained in the kotha. PW-15 recorded the statement of teh Prosecutrix (Ex. PW-9/A) and prepared rukka Ex.PW-15/A and sent the same to the PS through HC Mahesh Tyagi for registration of FIR. PW-15 correctly identified accused Rekha and further deposed regarding her arrest at the instance of the Prosecutrix vide arrest memo SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :16: Ex.PW-2/B, recording of her disclosure statement vide memo Ex.PW-2/C, preparation of site plan at the instance of the complainant/prosecutrix Ex.PW-15/B, seizure of the exhibits after the medical examination of the prosecutrix vide memo Ex.PW-2/D, production of the Prosecutrix before CWC, Mayur Vihar, Delhi, getting recorded the statement under Section 164 Cr.PC of the Prosecutrix before the ld. MM and conducting of a raid at Majnu Ka Tela on 02.03.2012. PW-15 further correctly identified accused Sheetal in the court and further deposed regarding her arrest on 09.03.2012, conducting of her personal search vide memo Ex.PW-2/G and recording her disclosure statement vide memo Ex.PW-2/H, collection of the date of birth certificate (Ex.P-1) from the father of the Prosecutrix who came to the PS along with the local police, recording of the statements of the witnesses, upon completion of the investigation preparing the charge sheet and filing the same in the court. Plea of the accused: The entire incriminating evidence was put to both the accused SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :17: Rekha and Sheetal in their separate statements recorded under Section 313 Cr.PC. Both the accused pleaded innocence and claimed that they have been falsely implicated in this case. Defence Evidence : The accused examined 07 witnesses in their defence. DW-1 is Sh.Sushil Kumar who deposed that he was working with First Flight Courier Company and his office at B-3 Hans Bhawana, Bahadur Shah Jafar Marg, New Delhi and got prepared the Pan Card of the Prosecutrix, who came to his office in the month of February, 2012 for getting the same made and proved the same as Ex.PW-9/A. DW-2 is Sh.Raju who deposed that he is doing the work of preparing food for accused Rekha and Sheetal and other girls at H.No.70, Second Floor, Shradhanand Marg, Delhi. He correctly identified the both the accused present in the court and further deposed that No.9560822903 is the number of his mobile phone and that he had purchased the SIM card of the said number in my name in 2011. He also deposed that he had given the SIM card to accused Sheetal in the year 2011 on her request and she SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :18: was using the said mobile number as she did not have any ID Proof and that he never used the said mobile number. DW-3 is Sh.Saleem who deposed that he is a TSR Driver and is doing this work since 1985. He was living in Nabi Karim in the year 2012 and used to drive a rented TSR and used to park it near H.No.70, G.B.Road, Delhi. Upon being confronted with the copy of PAN Card Ex.PW-9/DA, he deposed that the PAN Card bears the photograph of one Sunita to whom he knew as she used to frequently hire his TSR for going for shopping to various markets like Karol Bagh, Sita Ram Bazar etc. He further deposed that he also know accused Sheetal and Rekha as they are living in H.No.70, G.B.Road, Delhi and they also used to hire his TSR sometimes. DW-4 is Dr.Saleem who deposed that he is a Dentist. Upon correctly identifying the accused Sheetal he deposed that he know accused Sheetal as she was living near his house in a rented premises about 2-3 years ago. He further deposed that some time in the year 2012, accused Sheetal made a call to him and informed him that she had received a call SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :19: from Kamla Market and she requested him to accompany her to the PS. He also deposed that he do not know where she was residing in 2012 when she called him and at that time she was not living in his neighbourhood. At her request, he reached at PS and met her outside the gate, as agreed and they met SI Ajay Kumar inside the PS, who informed them about the case against accused Sheetal and arrested her. DW-5 is Mohd.Shahid who deposed that he is doing the business of selling soft drinks and Parathas from a counter in front of H.No.70, G.B.Road, Delhi for the last 15 years. He further deposed that at the back lane, it is residential area and there are shops till Ajmeri Gate on the ground floor on the main G.B.Road and that it is a busy commercial area. Upon seeing the copy of PAN Card Ex.PW-9/DA, this witness deposed that he had seen the girl whose photograph is affixed on the same as she used to go to the shops below H.No.70, G.B.Road, Delhi for making purchases etc. He also deposed that she used to pass from in front of his shop and also used to reside in H.No.70, G.B.Road, Delhi and he also used to send parathas from his shop to H.No.70, sometimes through any SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :20: rickshaw wala, servant or himself. DW-6 is Sh.Pradeep Kumar who deposed that she is working as a cook at H.No.70, Shradhanand Marg, Delhi and he was called to PS Kamla Market by accused Sheetal on 09.03.2012 at about 9-10 AM. They met outside the PS where there was one more person with accused Sheetal. He further deposed that all of them went inside the PS and met SI Ajay who inquired from him about his name and address and thereafter informed him that he had arrested Sheetal and told him to leave. DW-7 is Sh.Shriram who deposed that he has been doing the work of ironing clothes in front of H.No.70, Shradhanand Marg, Delhi since 4-5 years and that he receive clothes for ironing from the inhabitants of the above mentioned premises and other neighbouring houses. Upon seeing Ex.PW-9/DA, this witness deposed that he recognize the person by face whose photograph is on the document (PAN Card of the Prosecutrix issued by Income Tax Department) who used to come to his 'theeya' for giving clothes for ironing. He also deposed that she used to collect the clothes for herself and sometimes he used to go to the above mentioned SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :21: premises to return the ironed clothes and collect the payment. He further deposed that she used to come alone to give the clothes and collect them afterwards. Arguments, Analysis and Findings: I have heard the detailed arguments advanced by learned defence counsel and learned APP for the State. I have also carefully gone through the written submissions filed by the defence, the case law cited before me and the evidence brought on record during trial. It is contended by learned defence counsel that both the accused have been falsely implicated in this case by the Prosecutrix. It is submitted that the testimony of the Prosecutrix PW-9 is full of material contradictions and her uncorroborated testimony cannot be made the basis for conviction of the accused persons. During the course of arguments, my attention was drawn towards the cross-examination of Prosecutrix (PW-9) by learned defence counsel in support of his aforesaid arguments. He argued that in order to convict the accused, it is necessary for the Prosecution to prove the guilt of the accused beyond reasonable SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :22: doubt and a suspicion however strong cannot take the place of proof. In this regard, learned defence counsel relied upon the following judgments in support of his contentions: a) Aftab Ahmad Ansari vs. State of Uttranchal, reported as JT 2010 (1) SC 424. b) M.Nageshwar Rao vs. State of Andhra Pradesh, reported as JT 2011 (1) SC 31 & c) Md. Faizan Ahmad @ Kalu vs. State of Bihar, reported as JT 2013 (1) SC 233 . The defence strongly argued that the investigation in the present case is tainted and the accused cannot be convicted in the present case which is based upon tainted and faulty investigation. It was contended that as per the own case of the Prosecution, PW-8 Sh.Subir Roy, Director, Programmes and Projects with Shaktivahini, NGO received an information regarding illegal detention of the Prosecutrix at Kotha No.70, IIIrd floor, Left Side, G.B.Road through informer on email on 27.02.2012. In his cross-examination, he admitted that he did not hand over a copy of that email to the police and did not inform the police about the receipt of the said email on 27.02.2012 or 28.02.2012 prior to their visit to the SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :23: premises in question. It was contended that despite the fact that PW-8 had knowledge about the commission of that alleged offence, he did not inform the police about the detention of Prosecutrix (PW-9) and he himself is guilty of commission of offence punishable under Section 202 IPC. It was argued that the investigation of the present case was initiated on the basis of statement of the Prosecutrix (Ex.PW-9/A) and not on the basis of information received by PW-8. It is further contended that as admitted by the IO Insp.Pramod Joshi (PW-15), PW-8 Sh.Subir Roy and Ms.Sai Shetty had been cited as witnesses in other cases of PS Kamla Market and that they were stock witnesses of the IO. The next contention of the defence is that the Investigation Agency did not follow the procedure as mandated by Section 15(2) of the ITP Act and apparently no independent inhabitants of the locality were called while conducting the search proceedings in the premises in question. The ladies present in the kotha were also not cited as PWs. Further, no independent public person from the densely populated residential-cum- SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :24: commercial area was joined in the proceedings either at the time of the alleged recovery of the Prosecutrix or at the time of arrest of the accused persons. It was further contended that the IO deliberately violated the safeguards against arbitrary and illegal arrest provided to the accused persons by the provisions of the Cr.PC and that Section 176 of the said provisions were flouted though making the case of the Prosecution highly doubtful. Learned defence counsel further argued that the place of arrest of the accused Sheetal is also not clearly established on record. According to her arrest memo Ex.PW-2/F, the time of her arrest is 11:30 PM and place of her arrest is Kotha No.70, IIIrd floor, G.B.Road, Delhi, while DW-4 Dr.Saleem deposed that accused Sheetal was called to the PS Kamla Market and at her request he accompanied to the PS, where she was arrested. While relying on the various judgments of the Hon'ble Superior Courts, learned defence counsel also argued that the accused cannot be punished for the offence punishable under Section 376 read with SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :25: Section 109 IPC as the Prosecution has failed to produce any witness to establish its case that the Prosecutrix was raped in Kotha No.70, IIIrd floor, G.B.Road, Delhi. It was contended that in absence of principal accused, who allegedly committed rape upon her, the present accused persons cannot be convicted for the offence of abetting the offence of Section 376 IPC. It was next contended that no material evidence has been brought on record to establish that prostitution was actually being carried on at the premises at Kotha No.70, IIIrd floor, G.B.Road, Delhi as the Prosecution has failed to examine even one customer of the alleged prostitute and the premises in question cannot be said to be a 'brothel' as per the definition under Section 2(a) of the ITP Act. It was contended that apparently no complaint was ever received regarding the running of Kotha No.70 from nearby shopkeepers nor any contraceptives were allegedly recovered during the alleged raid from the place of occurrence and hence the Prosecution has been failed to establish that the premises in question has been running as a 'brothel'. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :26: Learned defence counsel thus contended that the Prosecution has failed to establish its case beyond reasonable doubt. The uncorroborated testimony of the Prosecutrix cannot be relied upon to convict the accused persons for the alleged offences or to hold them guilty for the charges on which they have been facing trial. On the other hand, learned APP vehemently opposed the arguments of the defence contending that the Prosecution has established its case beyond reasonable doubt. The testimonies of the Prosecution witnesses, particularly the deposition of the Prosecutrix, is sufficient to hold that the accused persons have committed the alleged offences and submitted that they be convicted for the aforesaid charges. I have considered the rival submissions made by the Prosecution as well as defence and have minutely considered the evidence brought on record during trial. The case of the Prosecution that the victim 'SB' was below 18 years of age at the time of commission of the alleged offence, has been duly proved by the Prosecution by examining PW-12 Dr.Anirban Roy. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :27: PW-12 produced the register of births of Panihati Municipality, Calcutta and as per the said record, the date of birth of the Prosecutrix has been proved to be 22.04.1995. The photocopy of the relevant entry in the said register and the register of the hospital containing the relevant entry to this effect were exhibited during trial as Ex.PW-12/A and Ex.PW-12/B respectively. From the testimony PW-12 it is hence established that the date of birth of Prosecutrix (PW-9) 'SB' was 22.04.1995. Prosecutrix 'SB' (PW-9) deposed that in the year 2011, she was enticed by one boy Ajay @ Raju who brought her from her native village to Delhi and accused Sheetal and Rekha bought her for Rs.30,000/- from one lady to whom Raju had handed her in Sialda and asked her to accompany her to Delhi stating that he would follow her in 2-3 days. PW-9 further deposed that she was detained in the Kotha No.70, IIIrd floor, G.B.Road, Delhi by the accused Sheetal and Rekha and was forced into prostitution by them. She also deposed that all her earnings were kept by the accused Sheetal. In her cross-examination, the defence has sought to question SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :28: her with regard to the presence of other passengers in the train while she was been brought to Delhi by the above mentioned lady whom she was asked to accompany by Raju @ Ajay. It was contended that the Prosecutrix make no attempt to escape or to make any complaint to any one during the entire journey, which took about 2-3 days and she voluntarily came to Delhi. However, I find on going through her entire deposition that apparently, at that point of time, the Prosecutrix was accompanying the said lady to Delhi under the threats extended to her by boy Ajay @ Raju. I also find no force in the arguments of the defence that since the Investigation Agency did not prepare any sketch of the said Raju @ Ajay at the instance of Prosecutrix, her entire testimony should be discarded or should be treated as unreliable on this score itself. I am also unable to accept the arguments of the defence that the Prosecutrix as per her cross-examination recorded on 01.05.2013, she stated that one boy Raj handed over her to one lady at Sialda, who brought her to Delhi by stating that she would have to to 'Ganda Kaam' and thus the SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :29: Prosecutrix was apparently doing the work of prostitution with her consent. Though, the Prosecutrix voluntarily stated before the court that she was aware of this fact while she was in Sialda, however, at the same time, it has also come on record from her deposition particularly her cross- examination that not only she was threatened by Raj @ Ajay, but she was also sexually exploited by him after she was brought to Delhi. It has also emerged from the cross-examination of PW-9 that when she was been taken to Kotha No.70, IIIrd floor, G.B.Road, Delhi, she did not make any complaint to any person. The witness while responding to a court question clarified that she had been given an assurance that she would be able to go home after one year and in case she would make any complaint to anyone, it may become difficult for her to return to her house. Thus apparently, the victim who was minor and a native of West Bengal and who had been brought from her native village to a big city like Delhi, had no other option but to concede due to the threats given to her. She obviously surrendered to her fate and it certainly cannot be treated as her consent. The arguments of the defence that the Prosecutrix SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :30: was doing the work of prostitution with her consent therefore, cannot be accepted in these circumstances. The consent of the Prosecutrix, if any, further is absolutely immaterial, as she was below 18 years of age when she was brought to Delhi. Thus, I find no force in the submissions of Ld. Defence Counsel that Prosecutrix was doing the work of prostitution willingly. Further, the 'so called' contradictions sought to be pointed out by the learned defence counsel from the cross-examination of the Prosecutrix (PW-9), cannot, in my opinion, be said to be material so as to affect the case of the Prosecution fatally. Learned defence counsel also submitted that as per the MLC of the Prosecutrix Mark A dated 28.02.2012, the examining doctor recorded that the Prosecutrix 'SB' was working as prostitute at G.B.Road since 20.09.2012 and had history of sexual intercourse (consensual) 8-10 times/day and that every time it was consensual. Learned defence counsel strongly argued that it is the own document of the Prosecution which shows that the alleged victim i.e. PW-9 was having consensual sex with SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :31: the customers and was working as a prostitute voluntarily. He argued that in the light of the said document, the accused Rekha and Sheetal cannot be convicted for having forced the Prosecutrix 'SB' into prostitution. On the other hand, learned APP contended that this cannot be said to imply that the Prosecutrix had not been forced into prostitution by the accused Rekha and Sheetal as deposed by her. He argued that the fact that PW-9 continued to work as a prostitute under threat and pressure of the accused persons and it cannot be said that she was doing the work of prostitution voluntarily. I have considered the aforesaid arguments. A careful reading of the deposition of PW-9 would reveal that she categorically identified both the accused persons as the persons who bought her for a sum of Rs. 30,000/- and forced her into prostitution at Kotha No.70, IIIrd floor, G.B.Road, Delhi. She has also deposed before the court that she was threatened by the accused persons and her earnings were taken away by both of them and she was detained in the said Kotha by the accused persons. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :32: In these circumstances, by no stretch of imagination, it can be said that the victim PW-9 was doing the work of prostitution voluntarily. The recording made by the examining doctor in MLC Mark A can certainly not be given precedence over the testimony of PW-9. The compelling circumstances under which the victim remained at Kotha No. 70, IIIrd floor, G.B.Road, Delhi and continued to do the work of prostitution cannot be said to imply that she was doing this work voluntarily. Even otherwise, in my considered opinion, it stands duly established on record from her testimony that she was forced into prostitution by accused Sheetal and Rekha, who bought her for a sum of Rs.30,000/-. Moreover, the victim PW-9 by way of her deposition has established on record that she was forced into prostitution by both the accused persons and that she was rescued from the said brothel house only after she requested one of the customers to inform her family members. It is also pertinent to note that in her cross-examination dated 01.05.2013, PW-9 denied having told the examining doctor that she was doing the work SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :33: of prostitution voluntarily. Insofar as the argument of the defence is concerned to the effect that there is a delay in registration of the FIR and that the FIR is not registered on the basis of information received from the official of NGO Shaktivahini on 27.02.2012, I find that the same cannot be given much weightage. It has come on record that immediately upon receipt of the information on 28.02.2012, a raiding party was constituted and the said information was duly acted upon. The statement of the Prosecutrix was recorded upon being rescued from the Kotha and on the basis of her statement containing the specific allegations against the accused, the present case was duly registered. I am also unable to subscribe to the arguments of the learned defence counsel that the investigation in the present case is tainted for the reason that non-compliance of the mandate of Section 15 of the ITP Act. Though, it is a matter of record that the Investigation Agency did not join any independent resident of the locality as provided by Section 15 of the ITP Act. However, this lapse on the part of the Investigation Agency SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :34: cannot per se be said to initiate the trial or to render it illegal. I am supported in my view by the judgment of Hon'ble Supreme Court in a case titled as Bai Radha vs. State of Gujarat, AIR 1970 SC 1396, wherein it has been observed that It would be legitimate to say that a search which is to be conducted under the Act much comply with the provisions contained in Section 15; but it cannot be held that if a search is not carried out strictly in accordance with the provisions of that section the trial is rendered illegal. There is hardly any parallel between an officer conducting a search who has no authority under the law and a search having been made which does not strictly conform to the provisions of Section 15 of the Act. The principles which have been settled with regard to the effect of an irregular search made in exercise of the powers under Section 165 CrPC would be fully applicable even to a case under the Act where the search has not been made in strict compliance with the its provisions. It is significant that there is no provision in the Act according to which any search carried out in contravention of Section 15 would render the trial illegal. In the absence of such a provision, we must apply SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :35: the law which has been laid down with regard to searches made under the provisions of the Criminal Procedure Code. I also find myself unable to accept the arguments of the defence that the Prosecution has failed to prove that Kotha No.70, IIIrd Floor, Left Side, G.B.Road, Delhi has not been proved to be a 'Brothel' as per the definition of Section 2(a) of the ITP Act. Undoubtedly, the Prosecution has not brought on record any complaint from nearby shopkeepers regarding the running of the brothel house in the said premises, nor any condoms were allegedly recovered during the search proceedings conducted by the Investigating Agency. Section 2(a) of the ITP Act defines 'Brothel' as any house, room or place or any portion of any house, room or place, which is used for purposes for the gain of another person or for the mutual gain of two or more prostitutes. The Prosecutrix (PW-9) by way of her testimony has deposed before the court that when she reached at Kotha No.70, IIIrd Floor, G.B.Road, Delhi, she saw many girls and they were there for more than one year. She also deposed that the earnings of the other inmates SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :36: were also kept by the accused Rekha and Sheetal and that was their livelihood. In her cross-examination, she also named the other inmates of the Kotha. Though, a careful reading of the deposition of Prosecutrix (PW-9), particularly her examination-in-chief would reveal that she has clearly stated before the court that her earnings and the earnings of other inmates were also kept by the accused persons and it was their livelihood. The arguments of the defence that the Prosecution failed to prove that the 'Brothel' was being run in the aforesaid premises, thus cannot be accepted upon a careful reading of the testimony of the Prosecutrix in its totality. Certainly, her testimony has to be read as a whole and it thus reveals that she has categorically brought out from her deposition that a 'Brothel' was being run within the premises of Kotha No.70, IIIrd Floor, Left Side, G.B.Road, Delhi. The absence of any complaint of the nearby shopkeepers or non recovery of condoms, to my mind, cannot be said to be a ground to discard an otherwise reliable prosecution case, as proved by the testimony of the Prosecutrix (PW-9). SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :37: However, I find myself in agreement with the arguments of the defence as there is no evidence to the effect that the Prosecutrix was being raped by any customer nor any such customer has been charged for offence under Section 376 IPC, the accused cannot be convicted for having abetting the commission of offence under Section 376 IPC. Accordingly, both the accused are liable to be acquitted for the offence under Section 376 read with Section 109 IPC. However, I may hasten to add that there is ample evidence on record by way of testimony of the Prosecutrix PW-9 to establish that she was forced into prostitution by the accused persons. It also stands established on record that her earnings used to be taken away by the accused Sheetal and Rekha and that she was forcibly detained in the aforesaid kotha by accused Sheetal and Rekha. Though, defence has examined 07 witnesses to disprove the case of the Prosecution, however, I find on going through the entire evidence on record that this claim of the defence cannot be accepted. It may be noted that DW-1 Sh.Sushil Kumar, deposed that he SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :38: got the Pan Card (Ex.PW-9/DA) of the Prosecutrix prepared in February, 2012. In his cross-examination however he admitted that the company where he was employed was not engaged in doing the work of Pan cards. He also failed to produce any document in support of his claim that he does the work of getting Pan Cards prepared or that he prepared the Pan Card of the Prosecutrix. DW-3 Sh.Saleem deposed that the Prosecutrix used to hire his TSR for going out from Kotha No.70, G.B.Road, Delhi for shopping to various markets like Karol Bagh, Sita Ram Bazar etc. and that she used to frequently travel to Mahipalpur. DW-5 Mohd.Shahid identified the Prosecutrix from her photograph Ex.PW-9/DA and also deposed that she used to go to the shops below H.No.70, G.B.Road, Delhi for making purchases etc. Similarly, DW-7 Sriram identified the photograph of the Prosecutrix on photocopy of Pan Card Ex.PW-9/DA and deposed that she used to go to his 'theeya' for giving clothes for ironing and sometimes also used to collect the clothes from him herself. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :39: It was contended by learned defence counsel that the testimonies of these defence witnesses completely belie the claim of the Prosecutrix that she was confined in Kotha No.70, G.B.Road, Delhi by the accused persons or that she was forced into prostitution by accused Sheetal and Rekha. I have considered the submissions and have also gone through the evidence on record. However, on going through the cross-examination of PW-9 Prosecutix 'SB', I find that not even a single suggestion has been put to her in her entire cross-examination as to whether she, at any point of time, hired the TSR of DW-3 or that she got prepared her Pan Card from DW-1 or that she used to come to the 'theeya' of DW-7 for giving and collecting the clothes for ironing. In her cross-examination, it was suggested to the witness by the learned defence counsel that she used to visit Dr.Chawla having his clinic at Sita Ram Bazar and she and other inmates of the kotha used to go out for picnic at India Gate and other places or for watching movies and at Raju Beauty Parlour. Though the Prosecutrix denied all these suggestions, what is important to note is that SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :40: the defence failed to examine either the owner of the said Raju Beauty Parlour or any person named as Raju or Sudhir or Randhir or Dr.Chawla or any other inmate of the Kotha to show that the Prosecutrix used to frequently visit these places as suggested to her during her cross- examination. Apparently, the witnesses produced in the witness box in their defence by the accused persons, were an afterthought as not even a single suggestion was put to the Prosecutrix that she ever got her Pan Card prepared from DW-1 Sushil Kumar or that she ever left the Kotha in the TSR of DW-3 Saleem or that she met any other defence witness, as argued by learned defence counsel. The testimonies of the defence witnesses, hence cannot be believed as the same are apparently an afterthought and the said witnesses have been examined only for the purpose to create defence in favour of the accused later on. Considering the foregoing discussion and the evidence on record, I am therefore of the considered opinion that it has been duly established on record beyond reasonable doubt that the Prosecutrix 'SB' SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :41: was purchased by both Accused. Further, Prosecutrix 'SB' who was below the age of 18 years and thus a 'minor' within the meaning of Section 2 (cb) of ITP Act was forced into prostitution by the accused Sheetal and Rekha. She was detained in the Kotha and was not permitted to leave from there. All her earnings were also taken away by both the accused persons. There is also evidence on record to the effect that she was purchased/procured by the accused Sheetal and Rekha for a sum of Rs.30,000/- for the purpose of prostitution. I also find that the offence under Sections 23 & 26 JJ Act cannot be said to be made out against the accused persons. There is no evidence whatsoever in the testimony of the Prosecutrix that she was subjected to cruelty for mental or physical sufferings by the accused persons and thus Section 23 of the JJ Act cannot be said to be made out. Further, though it has been established that the Prosecutrix 'SB' was forced into prostitution, however, the same cannot be said to be hazardous employment within the meaning of Section 26 of the JJ Act. Accordingly, I find no reason to convict the accused persons for the aforesaid offences. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :42: I also do not find myself in agreement with the submission of learned defence counsel that in view of the fact that ITP Act is a Special Act, hence offences under Sections 366A IPC and 373 IPC cannot be said to be made out against the accused persons. I find on going through the relevant statutory provisions that the said offences cannot be said to be similar and are rather distinct offences. Moreover, lapses if any, in investigation cannot be said to be a ground for acquittal of the accused. In this regard reliance may be place upon the judgment of Honble Supreme Court titled as Dhanaj Singh @ Shera and Others Vs State of Punjab AIR 2004 Supreme Court 1920. Similar view has been laid down in Leela Ram (D) through Duli Chand Vs State of Haryana and another AIR 1999 Supreme Court 371 (1) Accordingly, both the accused are hereby held guilty for having committed offence under Sections 373/34, 366A/34 & 343/34 IPC and Sections 3/4/5/6 of ITP Act. Since there is no categoric evidence on record to show as to for how many days Prosecutrix was confined by the accused persons in the Kotha No.70, IIIrd Floor, Left Side, G.B.Road, SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :43: Delhi, both the accused Rekha and Sheetal instead of being convicted under Section 343/34 IPC have been convicted under Section 342/34 IPC. However, as discussed hereinabove the both the accused are acquitted for the offence under Section 376 read with Section 109 IPC & Sections 23 & 26 JJ Act. Let them be heard on the point of sentence. Announced in the Open Court on April 25, 2014 (Kaveri Baweja) Additional Sessions Judge-FTC (Central) Tis Hazari Courts: Delhi. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :44: In the Court of Ms. Kaveri Baweja Additional Sessions Judge- Special FTC 2 (Central) Tis Hazari Courts: Delhi. Sessions Case No. : 32/13 Unique ID No. : 02401R0243652012 State versus (i) Rekha D/o Sh.Rajesh R/o Kotha No.70, IInd Floor, Left Side, G.B.Road, Ajmeri Gate, Delhi. (2) Sheetal D/o Sh.Newroti R/o Kotha No.70, IInd Floor, Left Side, G.B.Road, Ajmeri Gate, Delhi. Case arising out of: FIR No. : 20/12 Police Station : Kamla Market Under Section : 366A/372/373/376/342/109/34 IPC, 23 J.J.Act & 3/4/5/6 ITP Act. Judgment pronounced on : 25.04.2014 ORDER ON SENTENCE Vide judgment dated 25.04.2014, Accused Rekha D/o Sh.Rajesh and Sheetal D/o Sh.Newroti have been convicted for the offence punishable under Sections 373/34, 366A/34 & 342/34 IPC and Sections SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :45: 3/4/5/6 of ITP Act. I have heard the submissions on the point of sentence. It is submitted by learned counsel for the convicts that the accused Rekha has never been previously convicted in any case of similar nature. He further submitted that convict Rekha has one son aged about 10 years who lives with her old mother aged about 70 years, whereas convict Sheetal has three children aged about 20 years, 18 years and 6 years, who live with her old and ailing mother aged about 75 years. He accordingly prays for a lenient view while awarding sentence to both the convicts. On the other hand, learned APP submits that there is no ground to take any lenient view for any of the convicts. It is pointed out that convict Sheetal has been convicted in case FIR No.781/2006 PS Kamla Market being Sessions Case No.77/2008, under Sections 376 r/w 109 IPC & 368 IPC & Section 4 ITP Act. Having considered the submissions made and in the light of facts and circumstances of the case, particularly considering that the victim 'S.B.' was 'minor', convicts Rekha D/o Sh.Rajesh and Sheetal D/o Sh.Newroti are hereby sentenced as under:- i) For the offence punishable under Section 373/34 IPC, the both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 10 years each in addition to payment of fine of Rs.10,000/- each. In default of payment of fine, they shall undergo SI for 02 years. ii) For the offence punishable under Section 366A/34 IPC, the both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 10 years each in addition to payment of fine of Rs.10,000/- each. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :46: In default of payment of fine, they shall undergo SI for 02 years. iii) For the offence punishable under Section 342/34 IPC, the both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 01 year each in addition to payment of fine of Rs.5,000/- each. In default of payment of fine, they shall undergo SI for 02 months. iv) For the offence punishable under Section 3 ITP Act, both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 02 years each in addition to payment of fine of Rs. 2000/- each. In default of payment of fine, they shall undergo SI for 02 months. v) For the offence punishable under Section 4 ITP Act, both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 02 years each in addition to payment of fine of Rs. 1000/- each. In default of payment of fine, they shall undergo SI for 03 months. vi) Since it has been proved that the Prosecutrix 'SB' was below 18 years of age and was a 'minor' within the meaning of Section 2(cb) of ITP Act, both the accused are hereby sentenced to undergo RI for a period of 07 years each for the offence punishable under Section 5(d) Proviso (ii), in addition to payment of fine of Rs.2,000/- each. In default of payment of fine, they shall undergo SI for 01 year. vii) For the offence punishable under Section 6 ITP Act, both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 07 years each in addition to payment of fine of Rs.5000/- each. In default of payment of fine, they shall undergo SI for 01 month. All the aforesaid sentences shall run concurrently. Both the convicts shall also be entitled to benefit of Section 428 CrPC. The aforesaid fine as imposed upon the convicts, is directed to be paid by way of compensation to the victim as per the provisions of Section 357 Cr.PC. I also recommend further payment of adequate compensation to the victim in the present case as per provisions of Section 357A CrPC. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :47: The quantum of compensation to be awarded under Victim Compensation Scheme shall be decided by Delhi Legal Aid Services in terms of provision under Section 357A CrPC. Accordingly, it is directed that copy of this judgment and order be sent to Secretary DLSA, Central District for necessary action. Vide order dated 30.04.2014, report was called from SHO PS Kamla Market, as to whether any stay order has been passed by Hon'ble High Court in respect of Kotha No. 70, IIIrd Floor, Left Side, G.B. Road, Delhi. It has been reported that No civil/criminal petition is sub-judice in respect of premises in question i.e. Kotha No.70, IIIrd floor, left side, G.B.Road, Delhi before the Hon'ble High Court of Delhi neither any stay order has been passed by the Hon'ble High Court of Delhi in respect of premises in question above. Thus, having regard to the fact that it has been proved on record that premises in question i.e. Kotha No. 70, IIIrd Floor, Left Side, G.B. Road, Delhi was being run as a Brothel, I deem it appropriate to exercise my powers under Section 18 of Immoral Trafficking (Prevention) Act, 1956 and direct closure of the said Brothel. SHO PS Kamla Market shall, after evicting the occupiers of the said Brothel i.e. Kotha No. 70, IIIrd Floor, Left Side, G.B. Road, Delhi, ensure closure of the said premises within a period of 07 days from the date of this order, under intimation to this court. Copy of this order be sent to SHO PS Kamla Market for SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :48: necessary compliance. Copy of this judgment and order of sentence be also supplied to above named convicts free of cost. File be consigned to Record Room. Announced in the Open Court on May 01, 2014 (Kaveri Baweja) Additional Sessions Judge-FTC (Central) Tis Hazari Courts: Delhi. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :49: State Vs. Rekha & Ors. FIR No. 20/12 PS : Kamla Market SC No. : 32/13 25.4.14 Present : Sh. Mohd. Iqrar-Ld. APP for the State Both accused are present on bail. Vide separate judgment announced today in the open court, Accused Rekha D/o Sh. Rajesh and accused Sheetal D/o Sh. Newroti have been convicted for the offence punishable under Section 373/34, 366A/34 & 342/34 IPC and Sections 3/4/5/6 ITP Act. Let both the accused be taken into custody. Put up for arguments on sentence on 01.05.2014. (Kaveri Baweja) ASJ- Spl. FTC-2 (Central) : Delhi 25.04.14 SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :50: State Vs. Rekha & Ors. FIR No. 20/12 PS : Kamla Market SC No. : 32/13 01.5.14 Present : Sh. Mohd. Iqrar-Ld. APP for the State Both Convicts produced in J/c. Vide separate order on sentence announced today in the open court, Convicts Rekha D/o Sh.Rajesh and Sheetal D/o Sh.Newroti are hereby sentenced as under:- i) For the offence punishable under Section 373/34 IPC, the both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 10 years each in addition to payment of fine of Rs.10,000/- each. In default of payment of fine, they shall undergo SI for 02 years. ii) For the offence punishable under Section 366A/34 IPC, the both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 10 years each in addition to payment of fine of Rs.10,000/- each. In default of payment of fine, they shall undergo SI for 02 years. iii) For the offence punishable under Section 342/34 IPC, the both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 01 year each in addition to payment of fine of Rs.5,000/- each. In default of payment of fine, they shall undergo SI for 02 months. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :51: iv) For the offence punishable under Section 3 ITP Act, both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 02 years each in addition to payment of fine of Rs. 2000/- each. In default of payment of fine, they shall undergo SI for 02 months. v) For the offence punishable under Section 4 ITP Act, both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 02 years each in addition to payment of fine of Rs. 1000/- each. In default of payment of fine, they shall undergo SI for 03 months. vi) Since it has been proved that the Prosecutrix 'SB' was below 18 years of age and was a 'minor' within the meaning of Section 2(cb) of ITP Act, both the accused are hereby sentenced to undergo RI for a period of 07 years each for the offence punishable under Section 5(d) Proviso (ii), in addition to payment of fine of Rs.2,000/- each. In default of payment of fine, they shall undergo SI for 01 year. vii) For the offence punishable under Section 6 ITP Act, both the above named convicts are directed to undergo Rigorous Imprisonment for a period of 07 years each in addition to payment of fine of Rs.5000/- each. In default of payment of fine, they shall undergo SI for 01 month. All the aforesaid sentences shall run concurrently. Both the convicts shall also be entitled to benefit of Section 428 CrPC. The aforesaid fine as imposed upon the convicts, is directed to be paid by way of compensation to the victim as per the provisions of Section 357 Cr.PC. SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :52: I also recommend further payment of adequate compensation to the victim in the present case as per provisions of Section 357A CrPC. The quantum of compensation to be awarded under Victim Compensation Scheme shall be decided by Delhi Legal Aid Services in terms of provision under Section 357A CrPC. Accordingly, it is directed that copy of this judgment and order be sent to Secretary DLSA, Central District for necessary action. Vide order dated 30.04.2014, report was called from SHO PS Kamla Market, as to whether any stay order has been passed by Hon'ble High Court in respect of Kotha No. 70, IIIrd Floor, Left Side, G.B. Road, Delhi. It has been reported that No civil/criminal petition is sub-judice in respect of premises in question i.e. Kotha No.70, IIIrd floor, left side, G.B.Road, Delhi before the Hon'ble High Court of Delhi neither any stay order has been passed by the Hon'ble High Court of Delhi in respect of premises in question above. Thus, having regard to the fact that it has been proved on record that premises in question i.e. Kotha No. 70, IIIrd Floor, Left Side, G.B. Road, Delhi was being run as a Brothel, I deem it appropriate to exercise my powers under Section 18 of Immoral Trafficking (Prevention) Act, 1956 and direct closure of the said Brothel. SHO PS Kamla Market shall, after evicting the occupiers of the said Brothel i.e. Kotha No. 70, IIIrd Floor, Left Side, G.B. Road, Delhi, ensure closure of the said premises within a period of 07 days from the date of this order, under SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market :53: intimation to this court. Copy of this order be sent to SHO PS Kamla Market for necessary compliance. Copy of this judgment and order of sentence be also supplied to above named convicts free of cost. File be consigned to Record Room. (Kaveri Baweja) ASJ- Spl. FTC-2 (Central) : Delhi 01.05.14 SC No. : 32/13 State vs. Rekha & Anr. FIR No. : 20/2012 PS Kamla Market