RANI PRATAP SINGH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Invoking jurisdiction under Sec. 397 read with 401 of Criminal Procedure Code, 1973 ( 'CrPC ', for short), Original Accused No. 1 is challenging Judgment and Order dtd. 5/10/2015 passed in Criminal Appeal No. 150 of 2014 by Additional Sessions Judge, Special Judge, (CBI), Gr-Bombay (C.R. 51). By the said impugned order, the appeal filed by the Revision Applicant was dismissed thereby confirming the conviction as well as sentence passed under Judgment and Order 7/2/2014 passed by Metropolitan Magistrate, Special Court for ITPA, 54th Court at Mazgaon, Mumbai in C.C. No. 1107/PW/2011.

(2.) The learned Magistrate has convicted the Revision Applicant for the offences punishable under Ss. 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act, 1956 ( 'PITA ', for short). The Revision Applicant is sentenced to suffer rigorous imprisonment ( 'R.I. ', for short) for a period of 2 years for offences under Ss. 3 and Sec. 4 of PITA along with payment of fine of Rs.2,000.00 and Rs.1000.00 respectively and in default of payment of fine to suffer simple imprisonment ( 'S.I. ', for short) of 1 month for both the offences. The Revision Applicant is also sentenced to suffer R.I. for a period of 3 years for the offences punishable under Ss. 5 and 6 of PITA with fine of Rs.2,000.00 each and in default to suffer S.I. of one month each in both the offences. Both sentences are directed to run concurrently. This is confirmed by the Appeal Court.

(3.) The case of prosecution, in short, is as follows. That on 17/2/2011, an NGO - Rescue Foundation gave information to Dr. D.B. Marg Police Station that in Room Nos. 8 and 10 of Krishna Building, first floor, Pavwala Street, Grant Road, Mumbai, some girls are detained for the purpose of prostitution. That said information was passed on to A.C.P. and Sr. Inspector Mr. Ajit Surve, who gave instructions to the police team and representative of said NGO, pancha and a decoy customer. That at 20.40 hrs., the decoy customer gave signal on the mobile phone of Police Inspector Beldar and police raided the spot with panchas. When police went to the first floor and entered Room Nos. 8 and 10, one lady was seen to be present who told her name as Rani Pratap Singh (Revision Applicant) and that she is the Manager and conductor of the brothel. One cupboard and three cabins were found. That on Mezzanine floor also, there were 3 cabins. The decoy customer was found with one girl who is victim- PW-1. On search, the police found tissue papers, packets of condoms, which were seized. The cash paid by decoy customer (Rs.500.00 note given before raid) was found on the person of Revision Applicant, on search. Another girl was found in another cabin. On inquiry the girls told that they do prostitution there and the earning is shared with the Revision Applicant. Certain telephone/electricity bill/s were found in the name of Original Accused No. 2 - Mr. Nandakishor Modi Yadav. The police then took the Revision Applicant and said girls in custody, went back to police station and complaint was lodged. The police lodged Special LAC No. 16/2011.