Madhya Pradesh High Court
Pappubai @ Asha @ Sunita @ Shahjad @ ... vs The State Of Madhya Pradesh on 19 April, 2017
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CRR No.608/2016
19-04-2017
Parties through their counsel.
The present petition has been filed against the order dated 04- 04-2016 by which the learned Judge has framed charges against the petitioner for an offence u/s 370-A read with 34 of I.P.C. and Section 3,4,5 and 6 of The Suppression of Immoral Traffic in Women and Girls Act, 1956.
Learned counsel has argued that no charge has been framed u/s 370-A made against the petitioner, keeping in view the First Information Report. Section 370-A read with section 34 of I.P.C reads as under :-
"370-A. (1) Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
(2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine."
In the present case the petition has been filed for quashment of charge u/s 370-A read with Section 34 of IPC. The evidence produced by the prosecution primafacie establishes the commission of offence on the part of the petitioner. Thus, this court does not find any reason to interfere with the framing of charges. However, the petitioner shall be free to raise all possible grounds before the trial court in his defence.
Certified copy as per rules.
(S. C. SHARMA) JUDGE Rashmi -2-