Karnataka High Court
Babai @ Divakara Bakta vs The State Of Karnataka on 27 August, 2020
IN THE HIGH COURT OF KARNATAKA AT
DHARWAD BENCH
DATED THIS THE 27TH DAY OF AUGUST, 2020
BEFORE
THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO
CRIMINAL APPEAL No.100041/2017
C/W
CRL.A.NOs.100047/2017, 100078/2017, 100062/2017,
100175/2017, 100151/2017, 100344/2017 AND
CRL.R.P No.100206/2017
IN CRL.A.No.100041/2017
BETWEEN:
1. AKBAR @ AKBAR BASHA
S/O ABDUL SAB
AGE 25 YEARS, OCC:AUTO DRIVER
R/O.GOUTHAM NAGAR, DC NAGAR
IN FRONT OF MASJIT BALLARI
DIST:BALLARI.
2. HABEEB SAB, S/O ABBAS KHAN
AGE:32 YEARS, OCC:ELECTRICIAN
R/O. D.C.NAGAR, BALLARI
DIST:BALLARI.
3. S K SHEKSHAVALI
S/O KHADER BASHA A K
AGE:28 YEARS, OCC;PAN SHOP
R/O.OPP:MOULALI ZANDA KATTA
DC NAGAR, BALLARI
DIST:BALLARI.
2
4. SOORI @ M SURESH
S/O KANTHEPPA
AGED ABOUT 26 YEARS
OCC:AUTO DRIVER
R/O BEHIND SELECT TALIKIES
CB.BALLARI, DIST:BALLARI.
5. BASHA @ MAHABOOB BASHA
S/O ALLABAKAS
AGED ABOUT:27 YEARS
OCC:AUTO DRIVER
R/O ADAM NAGAR
BELAGAL ROAD
NEAR DC NAGAR
BALLARI DIST:BALLARI.
6. PEERA S/O SHEKSHAVALI
AGE:36 YEARS
OCC:AUTO DRIVER
R/O. D.C. NAGAR
BALLARI DSIT:BALLARI. ...APPELLANTS
(BY SRI ANAND R KOLLI, ADVOCATE
FOR APPELLANTS No.1,2,4,5 & 6
SMT. SUNITHA P KALASOOR, ADVOCATE
FOR A-3)
AND:
THE STATE OF KARNATAKA
REP. BY SPP HIGH COURT OF
KARNATAKA BENCH DHARWAD
THROUGH CIRCLE INSPECTOR OF
POLICE, RURAL CIRCLE, BALLARI
DIST:BALLARI. ...RESPONDENT
(BY SRI V M BANAKAR, FOR SPP
SMT. JEENA V CHACKO, ADV. FOR ASST. HCGP)
3
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) OF CR.P.C., PRAYING TO SET ASIDE THE ORDER
OF CONVICTION, INCLUDING THE FINE IMPOSED BY THE
HON'BLE 1ST ADDITONAL DISTRICT AND SESSION JUDGE,
BALLARI IN SESSION CASE No.151 OF 2013 DATED
17.01.2017 PUNISHABLE UNDER SECTION 366, 366A,
366B, 368, 370, 370A, 372, 373 READ WITH 149 OF IPC
AND UNDER SECTION 3 AND 4 OF PROTECTION OF
CHILDREN FROM SEXUAL OFFENCE ACT 2012 AND UDNER
SECTION 3,4,5,6,7 AND 9 OF IMMORAL TRAFFIC
PREVENTION ACT 1956.
IN CRL.A.No.100047/2017
BETWEEN:
1. P SANDHYA
D/O SATHYABABU
AGE:39 YEARS
OCC:WASHERWOMEN,
R/O NEAR MASJID
D C NAGAR, BALLARI.
2. KUMARI
D/O YESUDAS
AGE:29 YEARS
OCC:HOUSE WIFE
R/O RAITHUBAJAR
SHAPUR, HYDERABAD
TELANGANA STATE.
3. P KUMARI
D/O LATE P SRINIVASALU
AGE:41 YEARS, OCC:COOLIE
R/O KONDURU PALLI VILLAGE
KADIDI MANDALAM
KRISHNA DISTRICT
ANDRA PRADESH.
4
4. S K LAKSHMI
W/O LATE DAADA
AGE:34 YEARS
OCC:COOKING IN MARRIAGES
R/O SINGANAGAR
PAIKAPUR, VIJAYAVADA
ANDRAPRADESH.
5. RAMALAKSHMI
W/O DURUGESHI
AGE:29 YEARS
OCC:COOLIE, NADUKA
EAST GODAVARI DISTRICT
ANDRAPRADESH.
6. DURGA
W/O LAKSHMINARASIMHA MURTHY
AGE:28 YEARS,
OCC:HOUSE WIFE
R/O KONDAPALLI CROSS
VIJAYAVADA, ANDRAPRADESH.
7. SHAILU @ GORGAP SHAILUR
D/O PENTAYYA, AGE:MAJOR
OCC:CARPENTER, R/O KAGASNAGAR
ADILABAD MANDALAM
KARIMNAGAR DISTRICT. A.P.
8. MARIGUDI KASTURI @ MALLUR
KASTURI, D/O MALLURI SATYAM
AGE:30 YEARS, OCC:COOLIE
R/O KANDRIK APARTMENT
KK/2, GF-1, VIJAYAWADA
A.P.
9. MALNAD NAGAVENI @ MARLAPU
NAGAVENI, W/O MARLAPU HARIBABU
AGE:32 YEARS, OCC:COOK
R/O KORI MARKET,
5
RAJAMUNDRY, A.P.
10. MERI
W/O VENKATESWARA
AGE:26 YEARS, OCC:COOLIE
R/O DURGA COLONY,
VIJAYAVADA, A.P.
11. HUSSAIN BEE @ SAYYED HUSSAIN BEE
D/O NAGUR BASHA
AGE:25 YEARS, OCC:HOUSEHOLD AFFAIRS
R/O BENEATH KONDAPETH ANJANEYA
TEMPLE DONE, KURNOOL DISTRICT, A.P.
12. MALAGAL SEETHA
W/O MADHU, AGE:30 YEARS
OCC:AGRICULTURIST
R/O RAMPACHODA VARAM
MANDALA, A.P. NOW AT
D.C.NAGAR, BALLARI.
13. KOMMIREDDY @ KOMMIREDDY LAKSHMI
W/O SATHYANARAYANA
AGE:52 YEARS, OCC:OWNER OF COLD
DRINK SHOP, R/O D.C.NAGAR
BALLARI.
14. KAMACHI @ KAMAKSHI
W/O LATE RATHNAKAR
AGE:54 YEARS, OCC:HOUSEHOLD
AFFAIRS, R/O BELAGAL ROAD
D.C.NAGAR, BALLARI.
15. SMT.MABU @ MABUNNI
W/O SHANKAR, AGE:29 YEARS
OCC:BUSINESS, R/O BELAGAL ROAD
D.C.NAGAR, BALLARI.
6
16. MEENAKSHAMMA
W/O LATE HUSSAIN SAB
AGE:69 YEARS,
OCC:COOLIE,
R/O BELAGAL ROAD
D.C.NAGAR, BALLARI.
17. PADMAVATHI
W/O RAJU
AGE:39 YEARS
OCC:BUSINESS
R/O TADEPALLEGOODAM
RAMARAO PETH, KRISHNA
DISTRICT NOW AT JILAN'S
HOUSE, BELAGAL ROAD
D.D.NAGAR, BALLARI.
18. GUDDAPPA @ SHEIKSHAVALI
S/O ISMAIL, AGE:35 YEARS
OCC:AUTO DRIVER
R/O D.C.NAGAR, BALLARI.
19. LAKSHMI
W/O GUDDI REDDY
AGE:46 YEARS
OCC:COOLIE,
R/O NEAR WATER TANK
D.C.NAGAR, BALLARI.
20. MAHANKALEMMA
W/O DODABASAPPA
AGE:54 YEARS
OCC:OWNER OF COLD DRINK
SHOP, R/O D.C. NAGAR, BALLARI.
... APPELLANTS
(BY SRI T HANUMAREDDY, ADVOCATE)
7
AND:
THE STATE BY CIRCLE INSPECTOR POLICE
RURAL POLICE STATION
BALLARI, REP. BY SPP
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD.
...RESPONDENT
(BY SRI V M BANAKAR, FOR SPP
SMT. JEENA V CHACKO, ADV. FOR ASST. HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) OF CR.P.C.,PRAYING TO CALL FOR RECORDS IN
SESSION CASE No.151 OF 2013 ON THE FILE OF THE
LEARNED 1ST ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT BALLARI FOR OFFENCE PUNISHABLE UNDER
SECTION 366, 366-A, 366-B, 368, 370, 370-A, 372, 373
READ WITH 109 IPC AND UNDER SECTION 3 AND 4 OF
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
ACT 2012 AND UNDER SECTION 3,4,5,6,7 AND 9 OF THE
IMMORAL TRAFFIC(PREVENTION) ACT 1956.
IN CRL.A.No.100078/2017
BETWEEN:
DURGA @ DURGA DEVI
W/O PRAVIN (WRONGLY SHOWN AS
W/O SRINIVAS)
AGE:28 YEARS
OCC:HOUSE WIFE
R/O NAVARAPALLI VILLAGE
RAJAMANDRY
ANDRA PRADESH
NOW IN JUDICIAL CUSTODY.
...APPELLANT
(BY SRI T HANUMAREDDY, ADVOCATE)
8
AND:
THE STATE BY CIRCLE INSPECTOR POLICE
RURAL POLICE STATION
BALLARI, REP. BY SPP
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
...RESPONDENT
(BY SRI V M BANAKAR, FOR SPP
SMT. JEENA CHACKO, ADV. FOR ASST. HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) OF CR.P.C.,PRAYING TO CALL FOR RECORDS AND
ALLOW THE APPEAL, SET ASIDE THE JUDGMENT OF
CONVICTION AND SENTENCE IN SESSION CASE No.151
OF 2013 DATED 17.01.2017 ON THE FILE OF THE 1ST
ADDITIONAL DISTRICT AND SESSION JUDGE AT BALLARI
FOR OFFENCE PUNISHABLE UNDER SECTION 366, 366-A,
366-B, 368, 370-A, 372, 373 READ WITH 109 AND UNDER
SECTION 3 AND 4 OF THE PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES ACT, 2012 AND UNDER SECTION
3,4,5,6,7 AND 9 OF THE IMMORAL TRAFFIC (PREVENTION)
ACT, 1956 CONSEQUENTLY ACQUIT THE APPELLANT FROM
ALL THE CHARGES LEVELED AGAINST HIM.
IN CRL.A.No.100062/2017
BETWEEN:
MUNNA @ S RASUL
S/O SYED SAB
AGE:28 YEARS
OCC:OFFICE WORK IN RAJANNA V.3,
R/O:NEAR ESHWARA TEMPLE
NEAR BASVABHAVANA, BALLARI.
...APPELLANT
(BY SRI NANDKISHORE BOOB, ADVOCATE)
9
AND:
THE STATE THROUGH RURAL POLICE
BALLARI, NOW REPRESENTED BY
ADDITIONAL SPP, HCKB AT DHARWAD.
...RESPONDENT
(BY SRI V M BANAKAR, FOR SPP
SMT. JEENA CHACKO, ADV. FOR ASST. HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) OF CR.P.C.,PRAYING TO CALL FOR THE RECORDS
OF THE COURT BELOW AND SET ASIDE THE JUDGMENT
AND THE ORDER OF CONVICTION AND SENTENCE FOR
THE OFFENCES PUNISHABLE UNDER SECTION 366,
366(A), 366(B), 368, 370, 370(A), 372 AND 373 READ
WITH 109 OF IPC AND 3 AND 4 OF POCSO ACT AND
UNDER SECTION 3,4,5,6,7 AND 9 OF ITP ACT DATED
17.01.2017 PASSED BY THE I ADDITIONAL DISTRICT AND
SESSIONS JUDGE COURT AT BALLARI, IN SESSIONS CASE
No.151 OF 2013 AND ACQUIT THE APPELLANT IN VIEW OF
THE REASONS AND GROUNDS AS STATED ABOVE.
IN CRL.A.No.100175/2017
BETWEEN:
SMT.KUMARI D/O YESUDAS
AGED ABOUT 27 YEARS
OCC:HOUSE WIFE
R/O: RAITHUBAJAR, SHAPUR
HYDERABAD. ...APPELLANT
(BY SRI K S PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY CIRCLE- INSPECTOR OF POLICE
10
RURAL CIRCLE, DIST:BALLARI
REPRESENTED STATE PUBLIC
PROSECUTOR, HIGH COURT OF
KARNATAKA, DHARWAD BENCH
AT:DHARWAD. ...RESPONDENT
(BY SRI V M BANAKAR, FOR SPP
SMT. JEENA CHACKO, ADV. FOR ASST. HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) OF CR.P.C.,PRAYING TO SET ASIDE THE
JUDGMENT DATED 18.01.2017 IN SESSIONS CASE No.151
OF 2013 PASSED BY THE I ADDITIONAL DISTRICT AND
SESSIONS JUDGE BALLARI CONVICTING THE APPELLANT
FOR OFFENCE UNDER SECTION 366, 366-A, 366-B, 368,
370-A, 372, 373 READ WITH 109 OF IPC AND UNDER
SECTION PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT 202 AND UNDER SECTION 3,4,5,6,7 AND
9 OF THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 BY
ALLOING THIS APPEAL.
IN CRL.A.No.100151/2017
BETWEEN:
BADISHA @ BEDSA @ SHASHUVALI
S/O HONNUR VALI
AGE:28 YEARS,R/O:BESIDE ZANDA KATTA
D C NAGAR, BELAGAL ROAD, BALLARY.
...APPELLANT
(BY SRI NANDKISHORE BOOB, ADVOCATE)
AND:
THE STATE THROUGH RURAL POLICE
BALLARI, NOW REPRESENTED BY
ADDITIONAL SPP, HCKB AT DHARWAD.
...RESPONDENT
11
(BY SRI V M BANAKAR, FOR SPP
SMT. JEENA CHACKO, ADV. FOR ASST. HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) OF CR.P.C.,PRAYING TO CALL FOR THE RECORDS
OF THE COURT BELOW AND SET ASIDE THE JUDGMENT
AND ORDER OF CONVICTION AND SENTENCES DATED
17.01.2017 PASSED BY THE I ADDITIONAL DISTRICT AND
SESSIONS JUDGE AT BALLARI, IN S.C.No.151 OF 2013
FOR THE OFFENCE UNDER SECTION 366, 366(A), 366(B),
368, 370, 370(A), 372, 373 READ WITH 109 OF IPC AND 3
AND 4 OF POSCO ACT AND UNDER SECTION 3,4,5,6,7
AND 9 OF ITP ACT., WITH TOTAL FINE AMOUNT OF
RS.2,47,000/- AND ACQUIT THE APPELLANT IN VIEW OF
THE REASONS AND GROUNDS AS STATED ABOVE.
IN CRL.A.No.100344/2017
BETWEEN:
BABAI @ DIVAKARA BAKTA
S/O KALYANA KUMAR BHAKTA
AGE 21 YEARS, OCC:PAINTOR
R/O.CHANDMARI, UTTARA PARA
PASCHIMA PARA, POORVA PARA
ANGASHEIK , CHANDAMARI
KALYANI, NODIA DIST,
WEST BENGAL.
...APPELLANT
(BY SRI ANAND R KOLLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP. BY SPP HIGH COURT OF
KARNATAKA, BENCH DHARWAD
THROUGH CIRCLE INSPECTOR OF POLICE
12
RURAL CIRCLE, BALLARI
DISTRICT:BALLARI.
...RESPONDENT
(BY SRI V M BANAKAR, SPP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) OF CR.P.C.,PRAYING TO SET ASIDE THE ORDER OF
CONVICTION, INCLUDING THE FINE IMPOSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
IN SESSION CASE No.151 OF 2013 DATED 17.01.2017
PUNISHABLE UNDER SECTION 366, 366-A, 366-B, 368,
370, 370-A, 372, 373 READ WITH 149 OF IPC AND UNDER
SECTION 3 AND 4 OF PROTECTION OF CHILDREN FROM
SEXUAL OFFENCE ACT 2012 AND UNDER SECTION
3,4,5,6,7 AND 9 OF IMMORAL TRAFFIC PREVENTION ACT
1956.
IN CRL.R.P No.100206/2017:
BETWEEN:
STATE OF KARNATAKA
BY CIRCLE INSPECTOR
OF POLICE, RURAL CIRCLE
BALLARI. ...PETITIONER
(BY SRI V M BANAKAR, SPP)
AND:
1. SYED RIYAZ BASHA
SON OF B YOUSUF SAB
AGED ABOUT 30 YEARS
TAILOR, R/O PATHAKANDAKAM
STREET, BELLARY.
2. P SANDHYA
D/O SATYABABU
13
AGED ABOUT 39 YEARS
WASHERWOMEN
R/O NEAR MASJID
D.C.NAGAR, BELLARY.
3. KUMARI
D/O YESUDAS
AGED ABOUT 29 YEARS
HOUSE WIFE,
R/O RAITHUBAJAR
SHAPUR, HYDERABAD.
4. DURGA @ DURGA DEVI
WIFE OF SRINIVAS
AGED ABOUT 28 YEARS
R/O NAVARAMPALLI VILLAGE
RAJAMANDRY A.P.
5. AKBAR @ AKBAR BASHA
S/O ABDUL SAB
AGED ABOUT 25 YEARS
AUTO DRIVER
R/O GOUTHAM NAGAR
D.C.NAGAR, IN FRONT OF
MASJID, BELLARY.
6. P KUMARI
D/O LATE P SRINIVASALU
AGED ABOUT 40 YEARS
COOLIE, R/O KONDURU
PALLI VILLAGE
KADIDI MANDALAM
KRISHNA DISTRICT.
7. S. K LAKSHMI
WIFE OF LATE DAADA
AGED ABOUT 34 YEARS
OCC:COOKING IN MARRIAGES
R/O SINGANAGAR
14
PAIKAPUR, VIJAYAWADA.
8. RAMALAKSHMI
W/O DURUGESHI
AGED ABOUT 28 YEARS
COOLIE, R/O NADUKA
EAST-GODAWARI DISTRICT
ANDHRA PRAKESH.
9. HABEEB SAB
S/O ABBAS KHAN
AGED ABOUT 28 YEARS
ELECTRICIAN
R/O D.C.NAGAR
BELLARY.
10. DURGA
W/O LAKSHMINARASIMHA MURTHY
AGED ABOUT 27 YEARS
HOUSE WIFE, R/O KONDAPALLI
CROSS, VIJAYAWADA, A.P.
11. SHAILU @ GORGAP SHAILUR
D/O PENTAYYA
OCC: CARPENTER
R/O KAGASNAGAR,
ADILBAD MANDALAM
KAIRIMNAGAR DISTRICT
ANDHRA PRADESH.
12. S K SHEKSHAVALI
S/O KHADER BASHA S.K
AGED ABOUT 28 YEARS
PAN SHOP, R/O OCC:MOULALI
ZANDA KATTA, D.C.NAGAR
BELLARY.
13. MARIGUDI KASTURI
@ MALLUR KASTURI
15
D/O MALLURI SATYAM
AGED ABOUT 30 YEARS
R/O KANDRIK APARTMENT
KK/2, GF-1, VIJAYAWADA.
14. MALNAD NAGAVENI @
MARLAPU NAGAVENI
WIFE OF MARLAPU HARIBABU
AGED ABOUT 32 YEARS
OCC:COOLIE, R/O KORI MARKET
RAJAMUNDRY A.P.
15. S RAGHAVA @ PADMA
WIFE OF NAGARAJ
AGED ABOUT 34 YEARS
WORKING IN FACTORY
R/O PALLUR PALLI
CHOCOLATE CITY AREA
RAJAMUNDRY.
16. MERI
W/O VENKATESHWARA
AGED ABOUT 26 YEARS
R/O DURGA COLONY
VIJAYAWADA.
17. M SURESH
S/O M GOPI
AGED ABOUT 30 YEARS
AUTO DRIVER, R/O SRI
RAMPURA COLONY, 16TH
WARD, BELLARY.
18. HUSSAIN BEE @
SYED HUSSAIN BEE
W/O NAGUR BASHA
AGED ABOUT 25 YEARS
HOUSEHOLD AFFAIRS
R/O BENEATH KONDAPETH
16
ANJINEYA TEMPLE, DONE
KURNOOL DISTRICT.
19. MALAGAL SEETHA
W/O MADHU
AGED ABOUT 30 YEARS
AGRICULUTURIST
RAMPACHODA VARAM MANDALA
AP NOW AT DC NAGAR
BELLARY.
20. SHAIK KULCHAN
WIFE OF CHANNAYYA
AGED ABOUT 30 YEARS
WASHERWOMAN
R/O NEAR PAYAPURAM
COMMITTEE HALL
VIJAYAWADA, A.P.
21. NAYAKALU ANITHA
W/O MEKALA SHIVARAJ
AGED ABOUT 32 YEARS
AGRICULUTURIST
R/O BALLATAGI VILLAGE
MANVI TALUK
RAICHUR DISTRICT.
22. KOMMIREDDY @
KOMMIREDDY LAKSHMI
W/O SATYANARAYANA
AGED ABOUT 52 YEARS
OWNER OF COOL DRINK
SHOP, R/O D.C.NAGAR
BELLARY.
23. KAMSAN JYOTHI
D/O VENKATARAO
AGED ABOUT 29 YEARS
PLASTIC BAG BUSINESS
17
R/O KOTE BEEDI
BEHIND RTC BUS STAND
MADANAPALLI A.P.
24. SOORI @ M SURESH
S/O KANTHEPPA
AGED ABOUT 26 YEARS
AUTO DRIVER
R/O BEHIND SELECT TALKIES
CB BELLARY.
25. KAMACHI @ KAMAKSHI
W/O LATE RATHNAKAR
AGED ABOUT 54 YEARS
HOUSEHOLD AFFAIRS
R/O BELAGAL ROAD
DC NAGAR, BELLARY.
26. SMT.MABU @ MABUNNI
W/O SHANKAR
AGED ABOUT 29 YEARS
BUSINESS, R/O BELAGAL
ROAD, DC NAGAR, BELLARY.
27. VANI
W/O LATE BABJI
AGED ABOUT 50 YEARS
OCC:VESSELS CLEANING
WORK, R/O NEAR
RAILWAY STATION
RAJAMUNDRY A.P.NOW
AT BELAGAL ROAD
NEAR MASJID, DC NAGAR
BELLARY.
28. MEENAKSHAMMA
W/O LATE HUSSAIN SAB
AGED ABOUT 69 YEARS
COOLIE, R/O BELAGAL
18
ROAD, D.C.NAGAR
BELLARY.
29. BADISA @ BEDSA
@ SHASHUVALI
S/O HONNUR VALI
AGED ABOUT 32 YEARS
R/O BESIDE ZANDA KATTA
D.C.NAGAR, BELAGAL ROAD
BELLARY.
30. PADMAVATHI
W/O RAJU
AGED ABOUT 36 YEARS
BUSINESS
R/O TADEPALLEGOODAM
RAMRAO PETH
KRISHNA DISTRICT
NOW AT NEAR:JILAN'S
HOUSE, BELAGAL ROAD
D .C. NAGAR, BELLARY.
31. BASHA @ MAHABOOB
BASHA, S/O ALLABAKAS
AGED ABOUT 27 YEARS
AUTO DRIVER, R/O ADAM
NAGAR, BELAGAL ROAD
NEAR D.C.NAGAR, BELLARY.
32. GUDDAPPA @ SHEKSHAVALI
SON OF ISMAIL
AGED ABOUT 35 YEARS
AUTO DRIVER, R/O
D.C.NAGAR, BELLARY.
33. GUDIVADA LAKSHMI
D/O GURRAPPA RAMULU
W/O SAHADEVA
AGED ABOUT 49 YEARS
19
COOLIE, R/O BELAGAL
ROAD, D.C.NAGAR
BELLARY.
34. LAKSHMI
W/O GUDDI REDDY @
V.N.V.SATYANARAYANA
AGED ABOUT 46 YEARS
COOLIE, R/O NEAR WATER
TANK, D.C.NAGAR
BELLARY.
35. MAHANKALEMMA
W/O DODDABASAPPA
AGED ABOUT 54 YEARS
COOLIE, R/O BELAGAL
ROAD, D.C.NAGAR
BELLARY.
36. BABAI @ DIVAKARA
BAKTA, S/O KALYANA
KUMAR BHAKTA
AGED ABOUT 25 YEARS
PAINTOR, R/O CHANDAMARI
UTTARA PARA,
PASCHIMA PARA, POORVA PARA
ANGASHEIK' CHANDAMARI
KALYANI, NODIYA DIST.
WEST BENGAL.
37. MUNNA @ S RASUL
S/O EYED SAB
AGED ABOUT 32 YEARS
OFFICE WORK IN RAJANNA
V.3, R/O NEAR ESHWARA
TEMPLE, NEAR BASAVABHAVANA
BALLARI.
38. RAGHAVA
20
SON OF HARERAMMA
AGED ABOUT 35 YEARS
VALIMIKI, COOLIE WORK
R/O D.C.NAGAR
BALLARI.
39. PEERA
SON OF SHEKSHAVALI
AGED ABOUT 36 YEARS
AUTO DRIVER, R/O D.C.NAGAR
BALLARI. ...RESPONDENTS
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH 401 OF CR.P.C.,
SEEKING TO CALL FOR RECORDS IN S.C.No.151/2013
DATED:17.01.2017 PASSED BY THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BAGALKOT AND TO
GRANT COMPENSATION TO THE VICTIMS PWS.2 TO 16
AND 28 OR DIRECT THE DISTRICT LEGAL SERVICE
AUTHORITY FOR FURTHER NEEDFUL ACTION IN THIS
MATTER.
THESE CRIMINAL APPEALS AND CRIMINAL REVISION
PETITION HAVING BEEN HEARD AND RESERVED ON
20.12.2018 AND COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THROUGH V.C.AT BENGALURU THIS DAY, THE
COURT DELIVERED THE FOLLOWING.
JUDGMENT
Criminal appeals are preferred by the respective accused persons against the judgment of conviction dated 17-01-2017 and order of sentence dated 18-01-2017 passed in S.C.No.151/2013 by the I 21 Additional District and Sessions Judge, Ballari, whereby the respective accused persons were found guilty for the offence punishable under Sections 366, 366-A, 366-B, 368, 370, 370-A, 372, 373 read with 109 of IPC and under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 and under Sections 3,4,5,6,7 and 9 of Immoral Traffic (Prevention) Act, 1956 and sentenced them accordingly.
2. Crl.R.P.100206/2017 is filed by State to grant compensation to the victims PWs 2 to 16 and 28 in above case.
3. The details of appeals and petition are as under:
Sl. Appeal/Revision petition S.C.No.and No. No. Date of and preferred by disposal
1. Crl.A.100041/2017 filed by 151/2013 accused Nos. 8,12,17,33, 22 46,87 17-1-2017
2. Crl.A.100047/2017 filed by 151/2013 accused Nos. 3, 4, 9, 10, 11, 17-1-2017 14,16,18, 19, 21, 23,24 31,38, 39, 41, 44,48,50
3. Crl.A.100078/2017 filed by 151/2013 Accused No.5 17-1-2017
4. Crl.A.100062/2017 filed by 151/2013 Accused No.80 17-1-2017
5. Crl.A.100175/2017 filed by 151/2013 Accused No.4 17-1-2017
6. Crl.A.100151/2017 filed by 151/2013 Accused No.43 17-1-2017
7. Crl.A.100344/2017 filed by 151/2013 Accused No.52 17-1-2017
8. Crl.R.P.100206/2017 filed by 151/2013 State to grant compensation 17-1-2017 to the victims PWs 2 to 16 and 28
4. There are totally 87 accused persons. Out of them, 34 accused persons were absconding, 2 accused persons died during the trial; case against 10 accused persons were split up and now there are 39 accused persons. For clarity, the details are presented in the following tabular representation. Absconding Accused died Split up accused Accused Number during trial Nos. Accused Nos. Accused Nos.27 Accused Nos. 35,36,37,42,45, and 47 2,6,7,13,15,25,26, 53 to 77, 81, 29,34, 84 82,83, 85, 86,87 23
5. The afore said appeals and Criminal revision petition are directed against the judgment of conviction and order of sentence passed by the trial court morefully stated above. The accused persons questioned the validity of the judgment convicting and sentencing them for the said offences and the State has sought for granting compensation to the victims.
6. Since all the matters relate to the same criminal case and commission of the offences by several accused persons, they are taken up for common disposal.
7. In order to avoid confusion and overlapping the accused persons are referred with reference to the rank held by them before the trial court. 24
8. The substance of the case of the prosecution as could be seen from the judgment of the trial court at internal page No.8 at para 2 is as under:
"It is alleged that on 17.8.2013 the Ballari Rural Police with the help of Justice and Care Organisation conducted raid at 1.00 p.m. on D.C.Nagar situated on Belagal Road, Ballari, on receiving the information that some persons with an intention of earning money were bringing the ladies and minors from different districts and States and they were forcibly involving them in the prostitution business and were earning money and when they went near the water tank situated at D.C.Nagar at that time, they found that the accused Nos.1, 7, 11, 15, 19, 23 and 28 were involved in conducting the prostitution business and they were offering money to 25 woman and were supplying them to the customers. It is stated that CW.108 with the help of CWs.1 to 4 conducted raid on the house of the aforesaid accused persons and surrounded the said houses and apprehended the accused and they seized an amount of Rs.4,58,791/- and other articles from them and they rescued CWs.5 to 47."
9. The case of the prosecution with respect to commission of offence by respective accused persons is presented through the following tabular form.
Kidnapper Accused Kidnapped
victims-CWs
Accused No.53 CW5
Accused No.48 CW6
Accused No.54 CW7
Accused No.55 CW8
Accused No.56 CW9
Accused No.57 CW10
Accused No.58 CW11
Accused No.41 CW12
Accused No.59 CW13
Accused No.60 CW14
Accused No.61 CW15
Accused No.43 CW16
Accused No.51 CW17
26
Accused No.34 CW19
Accused No.46 CW18
Accused No.62 CW20
Accused No.35 CW21
Accused No.49 CW22 & 23
Accused No.63 CW24
Accused No.43 CW25
Accused No.64 CW27
Accused No.65 CW28
Accused No.68 CW31
Accused No.77 CW41
Accused No.36 CW42
Accused No.79 CW44
Accused No.45 CW46
Accused No.41 CW47
Accused No.47 CW26 (Minor)
Accused No.66 CW29 (Minor)
Accused No.7 CW32 (Minor)
Accused No.67 CW30 (Minor)
Accused No.69 CW32 (Minor)
Accused No.72 CW35 (Minor)
Accused No.71 CW34 (Minor)
Accused No.73 CW36 (Minor)
Accused No.52 CW33 (Minor)
Accused No.74 CW39 (Minor)
Accused No.76 CW41 (Minor)
Accused No.78 CW44 (Minor)
Accused No.70 CW34 (Minor)
Accused No.75 CW40 (Minor)
10. Further allegation of the prosecution is, accused Nos.68 to 71, 73, 75 and 80 kidnapped and had brought CWS 32 to 35, 39, 40 and 47 from Bangladesh making them to believe that they would 27 provide coolie work to them and engaged them in prostitution business.
11. It is further alleged that the accused persons 1, 7, 11, 15, 19, 23 and 28 had wrongfully confined CWs 5 to 47 with the help of accused Nos. 2 to 6, 8 to 10, 12 to 14, 16 to 18, 20 to 22, 24 to 27 and 29 to 33.
12. Further allegation is, certain accused persons gone to the extent of selling respective CWs. In this connection, the following table indicate who purchased whom as claimed by the prosecution:
Accused who purchased Accused No. to which CW and from whom whom provided Accused No.53 purchased Accused No.1 CW5 from Accused No.55 Accused No.43 purchased Accused No.1 CW6 from Accused No.54 Accused No.43 purchased Accused No.1 CW7 from Accused No.54 28 Accused No.47 purchased Accused No.15 CW8 from Accused No.55 Accused No.41 purchased Accused No.11 CW9 from Accused No.56 Accused No.34 purchased Accused No.11 CW10 from Accused No.57 Accused No.47 purchased Accused No.7 CW11 from Accused No.58 Accused No.41 purchased Accused No.15 CW 12 from Accused No.55 Accused No.44 purchased Accused No.19 CW13 from Accused No.59 Accused No.34 purchased Accused No.28 CW14 from Accused No.60 Accused No.47 purchased Accused No.28 CW 15 from Accused No.61 Accused No.43 purchased Accused No.28 CW 16 from Accused No.61 Accused No.43 purchased Accused No.28 CW17 from Accused No.51 Accused No.48 purchased Accused No.28 CW18 Accused No.34 purchased Accused No.28 CW19 Accused No.43 purchased Accused No.23 CW20 from accused No.62 Accused No.35 purchased Accused No.23 CW21 Accused No.49 purchased Accused No.23 CW22 and 23 and 28 Accused No.51 purchased Accused No.23 CW24 from accused No.63 Accused No.43 purchased Accused No.07 CW25 Accused No.47 purchased Accused No.1 CW26 Accused No.47 purchased Accused No.1 CW27 from accused No.64 Accused No.38 purchased Accused No.1 CW28 from accused No.66 Accused No.41 purchased Accused No.1 CW29 from accused No.66 29 Accused No.47 purchased Accused No.1 CW30 from accused No.67 Accused No.47 purchased Accused No.07 CW31 from accused No.68 Accused No.69 purchased Accused No.07 CW32 Accused No.43 purchased Accused No.07 CW33 from accused No.70 Accused No.43 purchased Accused No.7 CW34 from accused No.71 Accused No.34 purchased Accused No.28 CW35 from accused No.72 Accused No.44 purchased Accused No.15 CW36 from accused No.73 Accused No.37 purchased Accused No.11 CW37 from accused No.52 Accused No.34 purchased Accused No.15 CW38 from accused No.74 Accused No.43 purchased Accused No.15 CW39 from accused No.75 Accused No.40 purchased Accused No.15 CW40 from accused No.76 Accused No.39 purchased Accused No.19 CW41 from accused No.77 Accused No.36 purchased Accused No.19 CW42 Accused No.42 purchased Accused No.19 CW43 from accused No.78 Accused No.79 and 50 Accused No.28 purchased CW44 Accused No.37 purchased Accused No.11 CW45 from accused No.80 Accused No.51 purchased Accused No.28 CW46 Accused No.41 purchased Accused No.28 CW47
13. It is further alleged that accused Nos.47,66,7,67,69,72,71,73,52,74,76,78,70,75 sold 30 the minor girls CWs. 26, 29, 2, 30, 5,34,36,3,39,41,44,34 and 40 for prostitution business.
14. Complaint came to be filed by Dy.S.P before the Ballari Rural Police on 17.8.2013 and on the basis of the same, a case has been registered against the accused in Crime No.248/2013. The final report was filed before the committal court and the same came to be committed to the Sessions Court and numbered as SC No.151 of 2013.
15. After hearing the accused, learned trial judge framed the charge for the offences punishable under Sections 366,366-A, 366-B, 368,370,370- A,372, 373 r/w Section 109 of IPC and under Sections 3, 4, 5, 6, 7 and 9 of Immoral Traffic (Prevention)Act, 1956 and under Sections 3 read with Section 4 of Protection of Children from Sexual Offences Act, 2012, 31 and it was read over and explained to the accused, they denied the charges leveled against them and they came to be tried.
16. In order to bring home the guilt of the accused, the prosecution in all examined 31 witnesses as PWs 1 to 31, got marked 71 documents as Exs.P1 to P71 and got marked 13 properties as MOs 1 to 13 and on behalf of defence, 33 documents are marked as Exs.D1 to D33 as under:
Witnesses examined on behalf of prosecution:
PW1 Francina
PW2 Mounika
PW3 Reshma
PW4 Taniya Aktar
PW5 Sumonu
PW6 Tayaba Akthar
PW7 Adilakshmi
PW8 Fareeda
PW9 Chinni @ Neha @ Tilothama
PW10 Lavanya
PW11 Mampi
PW12 Shantha
PW13 Sathyaveni
PW14 Sirisha
PW15 Swapna
PW16 Lakshmi
32
PW17 S Prabhu
PW18 Rudramuni, Dy.S.P.
PW19 Dr.Yogiraju
PW20 Dr.R Chaitanya
PW21 Dr.Nataraj'
PW22 Dr.Srinivasa
PW23 Dr.Arun Dasan
PW24 Somashekhara, PSI
PW25 Dr.Kusuma B K
PW26 Dr.Shailendra Singh
PW27 Dr.Ravi
PW28 Lakshmi Priya
PW29 Nagendra Naidu
PW30 Suleman, PI
PW31 Umesh Eshwar Naik, PI
Documents marked on behalf of prosecution:
Ex.P.1 Seizure panchanama Ex.P.1 a to c Signatures of PWs.1, 17 & 18 Ex.P.2 Birth certificate of PW.11 Ex.P.3 Ration Card Ex.P.4 FIR Ex.P.5 Birth certificate Ex.P.6 Representation letter Ex.P.7 Medical certificate of victim Lakshmi Ex.P.8 Complaint by PW.18 Ex.P.8 a Signature of PW.18 Ex.P.9 Medical certificate issued by PW.19 Ex.P.9 a Signature of PW.1 Ex.P.10 Medical certificate issued by PW.20 Ex.P.10 a Signature of PW.20 Ex.P.11 Medical certificate of Lakshmi Ex.P.11 a Signature of PW.20 Ex.P.12 Medical certificate of Sharmeela Ex.P.12 a Signature of PW.20 Ex.P.13 Medical certificate of Reshma Ex.P.13 a Signature of PW.20 Ex.P.14 Medical certificate of Shailaja Ex.P.14 a Signature of PW.20 Ex.P.15 Medical certificate of Jyothi 33 Ex.P.15 a Signature of PW.20 Ex.P.16 Medical certificate of Jasmina Ex.P.16 a Signature of PW.20 Ex.P.17 Medical certificate of Aruna Ex.P.17 a Signature of PW.20 Ex.P.18 Medical certificate of Geetha Ex.P.18 a Signature of PW.20 Ex.P.19 Medical certificate of Uma Ex.P.19 a Signature of PW.20 Ex.P.20 Medical certificate of Kota Lakshmi Ex.P.20 a Signature of PW.20 Ex.P.21 Medical certificate of Bhavani Ex.P.21 a Signature of PW.20 Ex.P.22 Medical certificate of Nagamani Ex.P.22 a Signature of PW.20 Ex.P.23 Medical certificate of Sinthal Durga Ex.P.23 a Signature of PW.20 Ex.P.24 Medical certificate of Ayesha Ex.P.24 a Signature of PW.20 Ex.P.25 Medical certificate of Mouni Ex.P.25 a Signature of PW.20 Ex.P.26 Medical certificate of Anu Ex.P.26 a Signature of PW.20 Ex.P.27 Medical certificate of Jyothi G Ex.P.27 a Signature of PW.20 Ex.P.28 Medical certificate of Rani Ex.P.28 a Signature of PW.20 Ex.P.29 Medical certificate of Lalitha Ex.P.29 a Signature of PW.20 Ex.P.30 Medical certificate of Mani Ex.P.30 a Signature of PW.20 Ex.P.31 Out-patient book of Victoria Hospital Ex.P.31 a Signature of doctor Ex.P.32 Out-patient book of Beli Ex.P.32 a Signature of doctor Ex.P.33 Out-patient book of Priya Ex.P.33 a Signature of doctor Ex.P.34 Out-patient book of Chinni Ex.P.35 Out-patient book of Lavanya Ex.P.36 Out-patient book of Swapna Ex.P.36 a Signature of doctor Ex.P.37 Out-patient book of Raji Ex.P.38 Out-patient book of Ramalakshmi 34 Ex.P.38 a Signature of doctor Ex.P.39 Out-patient book of farida Ex.P.39 a Signature of doctor Ex.P.40 Out-patient book of Mampi Ex.P.40 a Signature of doctor Ex.P.41 Out-patient book of lakshmi Ex.P.41 a Signature of doctor Ex.P.42 HIV report Ex.P.43 Out-patient book of Lakshmi Priya Ex.P.43 a Signature of doctor Ex.P.44 Out-patient book of Taiyaba Ex.P.44 a Signature of doctor Ex.P.45 Out-patient book of Beethi Ex.P.46 Out-patient book of Sirisha Ex.P.47 Age estimation certificate of Swapna Ex.P.47 a Signature of doctor Ex.P.48 Age estimation certificate of Ramalakshmi Ex.P.48 a Signature of doctor Ex.P.49 Age estimation certificate of Bhavani Ex.P.49 a Signature of doctor Ex.P.50 Age estimation certificate of Tania Ex.P.50 a Signature of doctor Ex.P.51 Age estimation certificate of Beethi Ex.P.52 Age estimation certificate of Sirisha Ex.P.53 FIR Ex.P.53 a Signature of IO Ex.P.54 Age estimation certificate of Mounika.
Ex.P.54 a Signature of doctor Ex.P.55 Age estimation certificate of Reshma Ex.P.55 a Signature of doctor Ex.P.56 Age estimation certificate of Mampi Ex.P.56 a Signature of doctor Ex.P.57 Signature of doctor Ex.P.58 Signature of doctor Ex.P.59 Age estimation certificate of Shantha Aktar Ex.P.59 a Signature of doctor 35 Ex.P.60 Age estimation certificate of Priya Ex.P.60 a Signature of doctor Ex.P.61 Age estimation certificate of Lavanya Ex.P.61 a Signature of doctor Ex.P.62 Age estimation certificate of Farida Ex.P.62 a Signature of doctor Ex.P.63 Age estimation certificate of Lakshmi Ex.P.63 a Signature of doctor Ex.P.64 Age estimation certificate of Lakshmipriya Ex.P.64 a Signature of doctor Ex.P.65 Age estimation certificate of Adilakshmi Ex.P.65 a Signature of doctor Ex.P.66 Age estimation certificate of Taiba Ex.P.66 a Signature of doctor Ex.P.67 Age estimation certificate of Raji Ex.P.67 a Signature of doctor Ex.P.68 Age estimation certificate of Beli Ex.P.68 a Signature of doctor Ex.P.69 Age estimation certificate of Chinni Ex.P.69 a Signature of doctor Ex.P.70 Copy of letter Ex.P.70 Copy of memo Material objects produced on behalf of prosecution:
-
M.O.1 wo boxes containing
Nirodh(condoms)
M.O. Plastic tokens
M.O.3&4 Two long note books
M.O.5&6 Two small note books
M.O. 12 pocket note books
M.O. 14 mobile phones
M.O. Aadhar card
M.O.10 Vajpayee Arogya card
M.O.11 Sri Rama Transport papers
M.O.12 Cash of Rs.4,58,791/-
M.O.13 4 plastic coins
36
Documents marked on behalf of defence:
EX.D.1 Portion of statement of PW.5 EX.D.2 Portion of statements of PW.6 EX.D.3 Portion of statements of PW.6 EX.D.4 Portion of statements of PW.6 EX.D.5 Portion of statements of PW.6 EX.D.6 Further portion of statements of PW.6 EX.D.7 Portion of statements of PW.7 EX.D.8 Portion of statements of PW.7 EX.D.9 Portion of statements of PW.8 EX.D.10 Portion of statements of PW.8 EX.D.11 Portion of statements of PW.8 EX.D.12 Portion of statements of PW.8 EX.D.13 Portion of statements of PW.9 EX.D.14 Portion of statements of PW.9 EX.D.15 Portion of statements of PW.9 EX.D.16 Further Portion of statements of PW.9 EX.D.17 Portion of statements of PW.10 EX.D.18 Portion of statements of PW.10 EX.D.19 Portion of statements of PW.10 EX.D.20 A line marked in red ink in further statement PW.10 EX.D.21 Portion of statements of PW.4 EX.D.22 Portion of statements of PW.11 EX.D.23 Few lines marked in red ink in the statement of PW.12 EX.D.24 Few lines marked in red ink in the statement of PW.12 EX.D.25 Few lines marked in red ink in the statement of PW.12 EX.D.26 Few lines marked in red ink in the statement of PW.12 EX.D.27 Few lines marked in red ink in the statement of PW.13 EX.D.28 Few lines marked in red ink in the statement of PW.13 EX.D.29 Few lines marked in red ink in the statement of PW.13 EX.D.30 Few lines marked in red ink in the statement of PW.13 37 EX.D.31 Few lines marked in red ink in the statement of PW.13 EX.D.32 Few lines marked in red ink in the statement of PW.13 EX.D.33 Few lines marked in red ink in the statement of PW.15
17. Trial judge on the basis of the oral and documentary evidence and other materials available on file, held that the accused have committed the aforesaid offences and convicted them and after hearing the accused, they were sentenced as under:
"The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are found guilty for the offences punishable u/Ss. 366, 366-A, 366-B, 368, 370, 370-A, 372, 373 R/W Sec.109 of IPC and u/Ss.3 & 4 of Protection of Children from Sexual Offences Act, 2012 and u/Ss. 3, 4, 5, 6, 7 & 9 of Immoral Traffic (Prevention) Act, 1956.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are 38 convicted for the offence punishable u/S 366 of IPC and they are sentenced to undergo SI for a period of 7 years and to pay fine of Rs.25,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are convicted for the offence punishable u/S 366 -A of IPC and they are sentenced to undergo SI for a period of 7 years and to pay fine of Rs.25,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S 366-B of IPC and they are sentenced to undergo SI for a period of 7 years and to pay fine of Rs.25,000/- each and in default, to undergo SI for 2 years.39
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S 368 of IPC and they are sentenced to undergo SI for a period of 10 years and to pay fine of Rs.25,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S 370 of IPC and they are sentenced to undergo SI for a period of 7 years and to pay fine of Rs.25,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S 370-A of IPC and they are sentenced to undergo RI for a period of 5 years and to 40 pay fine of Rs.25,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S 372 of IPC and they are sentenced to undergo SI for a period of 7 years and to pay fine of Rs.25,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S 373 of IPC and they are sentenced to undergo SI for a period of 7 years and to pay fine of Rs.25,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/Ss.41
3 & 4 of Protection of Children from Sexual Offences Act, 2012 and they are sentenced to undergo SI for a period of 7 years and to pay fine of Rs.25,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 and 31 are hereby convicted for the offence punishable u/S.3 of Immoral Traffic (Prevention) Act, 1956 and they are sentenced to undergo RI for a period of one year and to pay fine of Rs.1,000/- each and in default, to undergo SI for one month.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S.4 of Immoral Traffic (Prevention) Act, 1956 and they are sentenced to undergo RI for a period of one year and to pay fine of Rs.5,000/- each and in default, to undergo SI for one month.42
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 and 31 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S.5 of Immoral Traffic (Prevention) Act, 1956 and they are sentenced to undergo RI for a period of seven years and to pay fine of Rs.1,000/- each and in default, to undergo SI for one month.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S.6 of Immoral Traffic (Prevention) Act, 1956 and they are sentenced to undergo SI for a period of seven years and to pay fine of Rs.5,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S.7 of Immoral Traffic (Prevention) Act, 1956 43 and they are sentenced to undergo SI for a period of seven years and to pay fine of Rs.5,000/- each and in default, to undergo SI for 2 years.
The accused Nos.1, 3 to 5, 8 to 12, 14, 16 to 24, 28, 30 to 33, 38 to 41, 43, 44, 46, 48 to 52, 80, 85 and 87 are hereby convicted for the offence punishable u/S.9 of Immoral Traffic (Prevention) Act, 1956 and they are sentenced to undergo SI for a period of seven years and to pay fine of Rs.5,000/- each and in default, to undergo SI for 2 years."
18. The said judgment of conviction and order of sentence is being challenged by the accused persons in these appeals. However State has filed revision petition for compensation to the victims.
19. The learned counsel appearing for the accused before this court are as under: 44
Smt. Sunitha P. Kalasoor for A3; Sri. T.Hanumareddy for A 3,4,9,10,11,14, 16,18,19,21 23,24,31,38, 39,41,44,48,50. Sri. Nandakishore Boob for Sri. B.R. Bhat for A80; Sri. K.S.Patil for A4, A43. Sri. Anand R. Kolli for A52.
20. Learned counsel Sri. Nandakishore for Sri. B.R. Bhat for A80 would submit that the case has been registered against the accused persons only for statistical purpose. There is no proper identification of the accused nor there was any basis for registering the case. The police have filed the case in collusion with Non-Governmental organization. The accused person/appellant is innocent and nowhere connected to the criminal case registered against him. Neither there is prima facie case nor one on merit as the final report itself explains absence of required incriminating circumstances against the accused. The mahazars and seizures as claimed by the police are concocted 45 and no independent witnesses have supported the case of the prosecution.
21. The learned counsel Smt.Sunitha P. Kalasoor for accused/appellant No.3 submits that judgment convicting the accused is not supported by reliable witnesses. The learned trial judge failed to take into account the lack of intentions on the part of the accused. The NGO involved in the case was trying to construct Church in the said area by evicting many of the accused and those related to them and also who were opposing for Church and that has paved way for filing the complaint. She would further submit that the learned trial Judge relied upon the suspicion rather the proof as there is no establishing of overtact. The appellant has major responsibilities of his family.
22. Learned counsel appearing for other accused persons vehemently questioned the authority 46 of the complainant and also the NGO. They further submitted that there were no grounds or circumstances to register a criminal case against the accused persons.
23. Sri. Jeena V. Chacko, learned Government Pleader would submit that the residence, response, documents and the oral evidence prove beyond reasonable doubt that the accused have committed the offences charged against them and there are no grounds to annul or reduce the imprisonment. He would also submit that the accused persons who are the Nationals of the neighbouring Country should have explained the purpose of their presence in India. He would further submit that the very presence of the convicted accused and their oral evidence establishes their guilt in the case.
47
24. Learned HCGP submits that the learned trial Judge ought to have ordered payment of compensation to the victims.
25. According to the prosecution, the case against the accused-appellants are fully supported by the circumstances and both oral and documentary evidence are against them and they are liable to be punished.
26. It is the case of the prosecution that on 17.8.2013 the Ballari Rural Police with the help of Justice and Care Organization conducted raid at 1.00 p.m. on D.C.Nagar situated on Belagal Road, Ballari, after receiving information that some persons with an intention to earn money, were securing women including minors from several Districts and the State and they were forcibly involving them in the 48 prostitution business for the sake of earning money and they were earning as such.
27. When the raiding party went to the water tank situated at D.C.Nagar, they found accused Nos. 1, 7, 11, 15, 19, 23 and 28 were actually conducting the immoral business and were offering money to women and also were supplying them to the customers. The raid was conducted by CW-108 with the help of CWs 1 to 4 on the house of aforesaid accused persons and apprehended them. An amount of Rs.4,58,791/- also was seized.
28. The accused persons were stated to have committed the offence punishable under Sections 366, 366A, 366-B, 368, 370,370A,372, 373 read with Section 109 IPC and under Sections 3 and 4 of Protection of Children from Sexual Offences Act, 2012 49 and under Sections 3,4,5,6,7 and 9 of Immoral Traffic (Prevention) Act, 1956 :
29. The said provisions are as under:
Section 366 IPC Kidnapping, abducting or inducing woman to compel her mar-
riage, etc.--Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
366A IPC "Procuration of minor girl.--Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and 50 shall also be liable to fine."
"366-B IPC Importation of girl from foreign country.-
Whoever imports into 1 [India] from any country outside India 2 [or from the State of Jammu and Kashmir] any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, 3 *** shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine."
368 IPC " Wrongfully concealing or keeping in confinement, kidnapped or abducted person.--Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement."
370 IPC Trafficking of person.-(1)Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours,
(d) transfers, or (e) receives, a person or persons, by--
First - using threats, or Secondly - using force, or any 51 other form of coercion, or Thirdly - by abduction, or Fourthly - by practising fraud, or deception, or Fifthly - by abuse of power, or Sixthly - by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking. Explanation
1. The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.
Explanation 2. The consent of the victim is immaterial in determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
(3) Where the offence involves
52
the trafficking of more than
one person, it shall be
punishable with rigorous
imprisonment for a term
which shall not be less than
ten years but which may
extend to imprisonment for
life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involves
the trafficking of more than
one minor, it shall be
punishable with rigorous
imprisonment for a term
which shall not be less than
fourteen years, but which
53
may extend to imprisonment
for life, and shall also be
liable to fine.
(6) If a person is convicted of the
offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.
(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine."
54370-A Exploitation of a trafficked person.-
"(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 year, but which may extend to five years, and shall also be liable to fine."
372 IPC Selling minor for purposes of prostitution, etc.--Whoever sells, lets to hire, or otherwise disposes of any 1[person under the age of eighteen years which intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine."
55373 IPC "Buying minor for purposes of prostitution, etc.--Whoever buys, hires or otherwise obtains possession of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be] employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." Sec.3 & 4 of "4. Punishment for penetrative sexual Protection of assault.- Whoever commits penetrative Children from sexual assault shall be punished with Sexual Offences imprisonment of either description for Act, 2012 a term which shall not be less than 2[ten years] but which may extend to imprisonment for life, and shall also be liable to fine."
Section 3 of the "3. Punishment for keeping a brothel or Immoral Traffic allowing premises to be used (Prevention) Act, as a brothel.- 1956, (1) Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous 56 imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees."
(2) Any person who--
(a) being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or
(b) being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or any part thereof as a brothel, shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine.
[(2A) For the purposes of sub-section (2), it shall be presumed until the contrary is proved, that any person referred to in clause (a) or clause (b) of that sub-section, is knowingly allowing the premises or any part thereof to be used as a brothel or, as the case may be, has knowledge that the premises or any part thereof are being used as a brothel, if,--
(a) a report is published in a 57 newspaper having circulation in the area in which such person resides to the effect that the premises or any part thereof have been found to be used for prostitution as a result of a search made under this Act; or
(b) a copy of the list of all things found during the search referred to in clause (a) is given to such person.] (3) Notwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in clause (a) or clause (b) of sub-section (2) of any offence under that sub-section in respect of any premises or any part thereof, any lease or agreement under which such premises have been leased out or are held or occupied at the time of the commission of the offence, shall become void and inoperative with effect from the date of the said conviction.
Sec.4 of The "4. Punishment for living on the Immoral Traffic earnings of prostitution.-- (1) Any (Prevention) Act, person over the age of eighteen years 1956 who knowingly lives, wholly or in part, on the earnings of the prostitution of 20 [any other person] shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both 21 [and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years]."
58[(2) Where any person over the age of eighteen years is proved --
(a) to be living with, or to be habitually in the company of, a prostitute; or
(b) to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or
(c) to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1).] Sec.5 of the "5. Procuring, inducing or taking Immoral Traffic (person) for the sake of prostitution. - (Prevention) Act, 1) Any person who - 1956,
(a) procures or attempts to procure a [person], whether with or without 24 his/her consent, for the purpose of prostitution;
(b) Induces a person to go from any place, with the intent that he/she may, for the purpose of prostitution become the inmate of, or frequent, a brothel; or
(c) Takes or attempts to take a person or causes a (person) to be taken, from one place to another with a view to 59 his/her carrying on, or being brought up to carry on prostitution; or
(d) causes or induces a (person) to carry on prostitution;
(shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years."
Provided that if the person in respect of whom an offence committed under this sub-section,--
(i) is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and
(ii) is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years;] 27 [***] (3) An offence under this section shall be triable--
(a) in the place from which a 23 [person] is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such 23 [person] is made; or 1[person] 60 is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such 1[person] is made; or"
(b) in the place to which he may have gone as a result of the inducement or to which he is taken or caused to be taken or an attempt to take him is made.
Sec.6 of the Immoral "6. Detaining a [person] in premises Traffic (Prevention) where prostitution is carried on.-- Act, 1956 (1) Any person who detains [any other person, whether with or without his consent].
(a) in any brothel; or
(b) in or upon any premises with intent [that such person may have sexual intercourse with a person who is not the spouse of such person], 2[that such person may have sexual intercourse with a person who is not the spouse of such person]," shall be punishable [on conviction, with imprisonment of either description for a term which shall not be less than seven years but which may extend to ten years and shall also be liable to fine."
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years].
30[(2) Where any person is found with 61 a child in a brothel, it shall be presumed, unless the contrary is proved, that he has committed an offence under sub-section (1).
(2A) Where a child or minor found in a brothel, is on medical examination, detected to have been sexually abused, it shall be presumed, unless the contrary is proved, that the child or minor has been detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial purposes.] (3) A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose of sexual intercourse with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there,--
(a) withholds from her any jewellery, wearing apparel, money or other property belonging to her, or
(b) threatens her with legal proceedings if she takes away with her any jewellery, wearing apparel, money or other property lent or supplied to her by or by the direction of such person.
(4) Notwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewellery, wearing apparel or other property alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such 62 woman or girl or for the recovery of any money alleged to be payable by such woman or girl.
"Section 7 of " 7.Prostitution in or in the vicinity of Immoral Traffic public place.-- (Prevention) Act, (1) Any (person), who carries on 1956, prostitution and the person with whom such prostitution is carried on, in any premises,-
(a) which are within the area or areas, notified under sub-section (3); or
(b) which are within a distance of two hundred meters of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the Commissioner of Police or magistrate in the manner prescribed, Shall be punishable with imprisonment for a term which may extend to three months."
[(1A) Where an offence committed under sub-section (1) is in respect of a child or minor, the person committing the offence shall be punishable with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than 63 seven years.] (2) Any person who--
(a) being the keeper of any public place knowingly permits prostitutes for purposes of their trade to resort to or remain in such place; or
(b) being the tenant, lessee, occupier or person in charge of any premises referred to in sub-section (1) knowingly permits the same or any part thereof to be used for prostitution; or
(c) being the owner, lessor or landlord, of any premises referred to in sub-section (1), or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof may be used for prostitution, or is wilfully a party to such use, shall be punishable on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to six months and also with fine 34 [which may extend to two hundred rupees, and if the public place or premises happen to be a hotel, the licence for carrying on the business of such hotel under any law for the time being in force shall also be liable to be suspended for a period of not less than three months but which may extend to one year:
Provided that if an offence committed under this sub-section is in respect of 64 a child or minor in a hotel, such licence shall also be liable to be cancelled. Explanation.--For the purposes of this sub-section, "hotel" shall have the meaning as in clause (6) of section 2 of the Hotel Receipts Tax Act, 1980 (54 of 1980).] 35 [(3) The State Government may, having regard to the kinds of persons frequenting any area or areas in the State, the nature and the density of population therein and other relevant considerations, by notification in the Official Gazette, direct that prostitution shall not be carried on in such area or areas as may be specified in the notification. (4) Where a notification is issued under sub-section (3) in respect of any area or areas, the State Government shall define the limits of such area or areas in the notification with reasonable certainty. (5) No such notification shall be issued so as to have effect from a date earlier than the expiry of a period of ninety days after the date on which it is issued.] "Section 9 of The "9. Seduction of a (person) in Immoral Traffic custody.-- (1) Any person who (having (Prevention) Act, the custody, charge or care of, or in a 1956, position of authority over any (person), causes or aids or abets the seduction for prostitution of that (shall be punishable on conviction with imprisonment of either description for a term which shall not be less than seven years but which may be for life 65 or for a term which may extend to ten years and shall also be liable to fine."
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years].
30. Considering the evidence on record, learned trial judge has found the accused persons guilty of the aforesaid offences. The judgment was pronounced on 17th January 2017 and accused persons were heard on 18th January 2017 and sentenced on the same day.
31. Before the learned trial judge, both the parties have relied upon following decisions:
On behalf of Prosecution:
1. AIR 1959 Mad. 450 Para-6
2. AIR 1998 SC 1474 Para 10
3. AIR 1970 SC 1369 Para -5
4. 2003 (2) ALD (Cri.) 121
5. AIR 1991 SC 1735
6. 1993 Cri.L.J.Page 3328 para 8
7. AIR 1981 Crei. L.J.23
8. AIR 1976 SC 294 para 51
9. 1997 Cri.L.J.3561 Para 22
10. 1983 Cri.L.J.1096 para 5(1)(2) and (3) 66
11. AIR 1974 SC 220 para 10
12. 1989 Cri.L.J.228 para 12
13. AIR 1997 SC 3021 para 16
14. AIR 1962 SC 1189 para 3 & 4
15. AIR 1962 Mad 31 para 14
16. 1973 Cri.L.J.1783
17. 2008 Cri.L.J.3143 18. Cri.Appeal No.735 of 2008 19. C.R.A.No.33/2007
20. Ramesh Vs.State of Maharashtra reported in Manu/SC/0132/1962.
21. Nilofar and Nilam Usman Shaikh Vs. The state of Gujarat as reported in 2005 GLH (68) 25.
22. Saroj Kumar Vs.State of UP (1973) 3 SCC 669
23. Smt.Shamshad Vs.State of Uttar Pradesh as reported in MANU/UP/1123/2002:Crl.A.No.2791 of 1981.
24. Ms.Laxmi Vs.State Crl.A.Nos. 120 and 127 of 2004 25. Crl.A.No.421 of 2007
26. Crl.R.C.No.68 and Amp:79 of 1975 27. Crl.A.No.121/2004
28. Narmada Govind Kamble and etc. Vs.State of Maharashtra.
29. Delhi Adminstration Vs.Ram Singh AIR 1962 SC 63
30. Harghajankaur and Anr.Vs.State of Maharashtra Crl.Revn. Appln. No.528 of 1963.
31. Jagbir Walia Vs.Delhi Administration 1998 (1) ALD (Cri.)3
32. 1993(96) Cri.L.J.1469 para 6.
33. AIR 1988 SC 2127 para 10.
On behalf of Accused:
67
1. 2016 (3) Crl.Court Cases 802 (P & H High Court)
2. AIR 2003 SC 2081 (from 2002 Cri.L.J.274(Patna)
3. 2016n (2) Crl.Court Cases 231(P & H High Court)
4. 2016 Cri.L.J.2736 (Himachal Pradesh High Court)
5. 2014 (3) Crl. Court Cases 757 (Calcutta High Court)
6. 2013 Cri.L.J.1990 (Patna High Court)
7. 2015 (1) Crimes 650 (Gujrath High Court)
8. 2014 (3) Crimes 88 (Gujrath High Court)
9. 2015 (2) Crimes 54 (P & H High Court) Short Note.
10. 2014 (2) Crimes 639 (Uttarakhand High Court)
11. 2014 Crl.L.J. (Uttarkhan High Court)
12. 2014(1) Crl.Court cases 735 (Allahabad High Court)
13. 2003 Cri.L.J.1891 (Rajasthan High Court)
14. 2015 (2) Crl.Court Cases 402 (SC)
15. 2003 Cri.L.J.1670 (Andhra Pradesh High Court)
16. 2004 Cri.L.J.3962 (Madhya Pradesh High Court)
17. 2016 Cri.L.J.(NOC) 267 (CHH)
18. 2003 Cri.L.J.1118 Rajasthan High Court.
32. Out of 31 witnesses examined on behalf of the prosecution, PW1-Francina is from Non Governmental Organization and a Social Worker. Her 68 evidence is that on 17.8.2013 she accompanied Dy.S.P. in raid at D.C.Nagar insofar as women from other States being kidnapped and forcibly used for prosecution, she was informed and her knowledge is not direct or personal.
She states that, at the first instance raid was conducted on the house of the accused Syed Riyaz Basha and there she found 14 persons therein, out of them, 12 were women and 02 were men and she identifies the accused No.1 - Syed Riyaz Basha, accused No.2 -Mohammed Iqbal, accused No.3 - Sandhya, Accused No.10-Lakshmi, accused No.5- Durga Devi, Accused No.6-Dhanalakshmi and accused No.9-Kumari. Under these circumstances, police seized 1000 condoms, 300 plastic tokens and one long note book.
69
33. PW2- Mounika Rani is from Bangladesh, she identifies accused 43- Badisa, 52-Babai, accused No.1- Syed Riyaz Basha, accused No. 33-Soori, accused No.22-Suresh, accused No.23-Hussain Bee, accused No1.2-Habeeb Sab, accused No.46-Basha, accused No.21-Meri, accused No.27-Sahadeva, accused No.47-Gudda Reddy, accused No.48- Guddappa, accused No.70-Suhag and accused No.31- Kommi reddy. She tells accused No.45- Masoor brought her to India, promising job and she was made to stay in the house of accused No.43-Badisa. Accused No.88 was also there and the said persons forcibly asked her to carry on prostitution business. She also tells about collecting of Rs.63,000/- by accused- Masoor. She speaks of circumstances and also alleges the commission of offence by the said accused. 70
It is against this witness accused allege that she wanted the properties to be acquired for Church, hence, she raised false alarm against the accused.
34. PW-3 Reshma, is also a resident of Bangladesh. She tells regarding accused No.74 (split up) and accused No.34-Jilani accused No.31- Kommireddy and according to her Meerchi, bhavani and others from Andhra Pradesh were also involved in the sex trade and she has identified accused No.12- Habeeb Sab, accused No.52- Babai, accused No.46- Basha, accused No.15-Seethe, accused No.-16 Shailu, accused No.11-Ramalakshmi, accused No.47-Gudda reddy (dead) and accused No.25-Lavanya. Accused compelled her to participate in prostitution. She was sold for 25,000/- by Isha to Jilani. She also deposes of the fact that accused persons were providing condoms and they were made to entertain 3 71 customers a day and she was getting Rs.100/- per customer. She also tell about accused Nos. 31, 12,52,46, 34, 15, 16, 47, 11, 43, are compelling her in different circumstances to make her to participate in prostitution.
35. PW4-Tania Akthar, victim tells that she is a resident of Bangladesh. She was brought by accused No.17 S.K. Shekshavali (case split up) and accused No.70- Suhag sold her to accused No. 43-Badisa for Rs.20,000/-. She also tells about accused No. 15-A. Sheethe, accused No.33-Suri. She identified accused No.43-, Badisa, accused No.48-Guddappa,. Accused No.1-Syed Riyaz Basha, accused No.46-Basha, accused No.17-Dheik Dha Vali, accused No.12-Habeeb sab, accused No.85-Raghava, accused No3.3-Suri, accused No1.5-Seetha, accused No.39-Mabunni, accused No.14-Durga, accused No.29- Palyamrodu, accused No.23-Hussain bee, accused No.26-Rupa, 72 accused No.9-Kumari, accused No.3-Sandhya and Lavanya. They are practicing different methods compelling this witness to participate in prostitution. She also tells about A1-Syed Riyaz Basha beating her with belt. She tells about confinement and compelling by the accused persons in making her to serve two to 4 customers a day in the immortal trading.
36. PW5-Shumona is also from Bangladesh and she says that accused No.75-Sohad (split up) had brought her and according to her, accused No.43- Badisa, accused No.52-Babai, accused No.1-Syed Riyaz Basha, accused No.75-Sohad, accused No.23- Hussain bee were present and she states that accused No.1 was assaulting her with belt and she has identified, accused, Suri, Hussain bee, Badisa, Suresha and Suri before the court. She tells that Hussain Bee and Riyaz were beating her with belt and 73 they were taking amount from customers and customers were giving her Rs.40/- to Rs.50/-.
37. PW6 -Tayiba Aktar @ Mirchi is the resident of Navalagi village in Jamkhandi taluk of Bagalkot district. According to her, A19-Malnad Nagaveni brought her in the train to Ballari and took her to the house of accused No.34-Jilani, where accused No.34 Jilani was present. She tells much about accused No.34 and identified him and says that he had forced her for prostitution business and he had also assaulted her with beer bottle. She identified accused auto Basha, Suri, Mehaboob Basha and Peera. She tells about other accused.
38. PW7-Adi Lakshmi tells about accused No.79- Bhavani (absconding). According to her, Bhavani had brought her to Ballari from Viyur village, Krishna District, Andhra Pradesh, taken her to the 74 house of accused No.47-Gudda reddy (dead). She says that wife of accused Gudda reddy- Lakshmi was present and she had employed the ladies for prostitution. She states that accused No.47-Gudda reddy had given Rs.15,000/- to accused no.79 Bhavani and accused Gudda Reddy told her that till Rs.15,000/- is exhausted she has to satisfy the customers. She identified accused No.47-Gudda reddy and accused No. 50-Lakshmi and in MO4-Note book, her name is written as Potti Lakshmi.
39. PW8-Fareeda has stated that accused Mariya had brought her from Babupura of Andhra Pradesh and he left her in the house of accused No.39-Mabu @ Mabunni and she says that Mabunni took her to the house of accused No.48 Guddappa @ Sheik sha vali and they compelled her to do prostitution business. She tells about accused Nos. 43,48,20,24,1,52,33,30 and when police conducted 75 raid, she was in the house of accused No.30-Anitha and accused were writing her name as Asha. She identified all the accused before the court and she has clearly stated about employing her by the accused for doing prostitution business.
40. PW9--Chinni states that accused No.65- Dinesh brought her to Ballari and he sold her to accused Mumtaj for Rs.15,000/- and forcibly employed her for prostitution business. She tells that accused No.8-Akbar had married her and accused Mumtaj and Abdul brought her from the house of accused Akbar by paying amount and employed her for prostitution and accused assaulted her when she tried to escape. She identified accused Badisha, Guddappa, Kamakshamma, Meenakshamma, Mabunni, Gudivada Lakshmi and others. 76
41. PW10-Lavanya @ Jyothi stated that she is a resident of Rajulpete in Akuveedu Mandalam, West Godavari of Andhra Pradesh and she came in contact with accused No.85-Durga and he brought her to Ballari that she would provide her employment. Brought her to D.C.Nagar, sold her to accused No.47- Gudda reddy for Rs.25,000/- and he started forcing her for prostitution. She tells that about 8 to 10 persons were sent to her daily for prostitution and accused Guddareddy started black mailing her and she went to different lodges in auto for prostitution purpose. This witness identified accused No.12- Habeeb sab and accused No.46- Basha stating that they were auto drivers and accused No.22-Suresh, accused No.47-Guddareddy, accused No.87-Peera as auto driver, accused No.50-Lakshmi, accused No.20- Raghava, accused No.23-Hussain Bee, accused No.19- Malnad Nagaveni, accused No.43-Badisa, accused 77 No.1-Syed Riyaz basha, accused No.14-Durga and accused No.16-Shailu and accused No.11- Ramalakshmi. She has stated that the girls from under age to aged ladies were employed in prostitution business and also identified the token and book and her name is mentioned as Lavanya in MO4 at Sl.No.121.
42. PW11- Mampi Gain is the resident of West Bengal. She tells that accused No.52-Babai was her neighbour at West Bengal had assured her of providing job at Bengaluru, he brought her to Bengaluru and left her in the house of Sumon and he committed sexual assault on her and thereafter brought her to D.C.Nagar to the house of accused Badisa and he has been identified by her. Accused Badisa threatened her with her photos and he has taken Rs.30,000/- from Badisa and sold her to do prostitution business. She tells that there are five 78 other persons and accused used to sent the customers to her room and mother of Badisa and Riyaz were in the house of Badisa and they were forcing her to do prostitution business. She identified the accused before the court and she stated that accused were not providing her food and any medical treatment. She tells that her mother filed a missing complaint in Calcutta Police station and she clearly says that the prostitution business was going on in the house of accused Badisa. She identified accused No.22 Suresh and accused No.33 Soori @ Suresh.
43. PW12-Shantha @ Shantha Akthar has stated that she is a resident of Charmin Badi District in Bangladesh and she states that accused Masood brought her to India and to Ballari and she is aged about 11 years and her date of birth is 5.9.2000 and one Beli is also from Bangladesh had come to Ballari and accused Masood brought and left her in the house 79 of accused NO.43-Badisa and he was forcing her to have sexual intercourse and had caught hold of them and put them back in the house of Badisa when they tried to escape. She tells that Masood had taken Rs.20,000/- from Badisa. She identified accused No.1- Syed Riyaz Basha, accused No.23-Hussain bee, accused No.43 -Badisa and thy were taking the amount and daily 4 to 5 customers were sent to her and accused No.1 was offering food and clothes to her. She further states that accused Badisa kept her in wrongful confinement for two months and employed her for prostitution. She states that when the police had come to conduct raid, she was left in the house of accused Badisa and she identifies accused Babai, Badisa, Hussain bee, Soori, SDumon, Riyaz and Suresh before the court.
44. PW13- Sathyaveni states that accused No.76 Lakshmi had brought her from Tadapalli Kodam 80 to Vijayavada, then to Ballari stating that she would offer her a job of singing and put her in the house of accused No.47-Gudda reddy, where she came to know that prostitution business was being practiced in the said house and on enquiry with accused No.76- Lakshmi, she came to know that accused Nos. 47 and 76 had brought her to the house of accused No.47 for prostitution business. She has stated that she was forced to do prostitution business. She has identified the accused No.47 Gudda reddy, accused No.76 Lakshmi and accused No.73, Basha and Manju. She tells about how the prostitution business was conducted there. She states that her name appears at page No.227 at MO 3(b) and she identified the accused No.12 Habeeb Sab and accused No.38 Kamakshi and they were keeping the girls in their houses and doing prostitution business. 81
45. PW14-Shirisha @ Devi has stated that accused No.6 Mounesh had brought her to Ballari from Vijayanagar, A.P. stating that he would provide job at Ballari and left her in the house of accused Mumtaj and she says that Mumtaj was doing prostitution busiensss and she forced this witness to do flresh trade by beating her. She states that along with Mumtaj her son Abdul was also present and they told her that they had given amount to Mounesh for having her and accused were providing insufficient and small size dresses. She identified accused No33-Soori, accused No.43-Badisa, accused No.47 Gudda reddy, accused No.38 Kamakshi, accused No.46-Basha and accused No.29-Paiymrodu before the court. She states that accused No.29 was also doing prostitution business.
46. PW15-Swapna has stated that accused No.78 against whom the case is split up had brought 82 her from Gumma Lakshmi Puram of A.P. to Ballari on the pretext of providing job and left her in the house of accused No.19-Malnad Nagaveni who took her to the house of accused No.47-Gudda reddy and he started forcing her to have sex trade. She says that Gudda reddy was taking amount from the customers and was giving token to them and that Sathyaveni, Beethi, Adi Lakshmi, Mani, Raji, lavanya, Durga and Lakshmi Priya were the other girls who were also made to do prostitution business. She says that accused No.47- Gudda reddy, his wife Lakshmi, accused Durga were looking after prostitution business and accused Gudda Reddy was keeping the account details as per MO2 and she identifies the MOs and the accused Sheik Sha Vali, Mehaboob Basha, Akbar, Gudapa, Badisa, Suri accused No.38- Kamakshamma, accused No.14 Durga, accused No.23 Hussain bee and tells that they were residing in the 83 house of Badisa. She has stated that accused No4.6 was taking them in his auto to lodges and accused Akbar was the auto driving moving in that area. She states that accused No.48 was doing prostitution business and accused Suri was taking them to lodges and accused Hussain Bee, accused Durga, accused Kamakshamma were also doing prostitution business. She states that her date of birth is 8.1.1998 and she has studied upto 9th standard and that on 17.8.2013 police conducted the raid.
47. PW16-N Lakshmi has stated that about 2 months back her husband had been to Ballari at that time one Ballu came and informed her that her husband had asked her to come to Ballari and he himself brought her to Ballari and he took her to the house of accused Mahankalamma and he took Rs.20,000/- from Mahankalamma and went away and she says that she was sent to the house of Mangala 84 and she says that Mangala forced her to do prostitution business. Mangala took son of this witness away and started blackmailing her and forced her to do prostitution business. She states that 5 to 6 customers were being sent to her and the amount was taken by Manga and that customers were giving Rs.50/- to Rs.100/- to her and Manga was writing the amount received in the book as per MOs 3 to 7 and MO2 is the token and Manga was giving condoms to the customers and she says that she is now suffering from HIV. She has identified Mahankalamma and accused-Rasool, accused Mehaboob Basha, Surya, Badisa, Syed Hussain bee, accused No.1-Riyaz Basha and accused No.19-Malnad Nagaveni and accused No.32.
48. PWs 1 to 16 were cross examined at length by the counsel for the accused. No significant 85 contradictions or improvements or omissions are elicited.
49. PW17-S.Prabhu is the Social Worker of Justice and Care Organization and he has stated that he has seen the accused at Ballary at D.C.Nagar at the time when raid was conducted by the police. He says that one week prior to 17.8.2013 he had come to know that human trafficking was going on in D.C.Nagar, Ballari and so, they contacted S.P. and then went to the spot along with police and they found accused Syed Riyaz Basha, Ummar, Ramalkshmi, Seetha, Malnad Nagaveni, Hussain bee, Shekhar and Komireddy Lakshmi. He says that when they went there, they found the accused doing prostitution business and they arrested 33 accused persons from 7 houses and there were 43 woman and they were taken to custody and out of them 31 were minors and they were brought from Bangladesh, West Bengal, 86 Andhra Pradesh and Orissa and out of the said persons, three were from Bangladesh. Further he states that Rs.4,58,791/- was seized from the accused along with 2 big boxes, the colour tokens and he identified all the properties and MOs.
He has been cross examined. He denied that their institution is trying to construct a church in the said area and so they have filed a false case against the accused in order to evict them and that he is giving false evidence.
50. PW18-N. Rudramuni is the Dy.S.P. and he has stated that on 17.8.2013 at about 8.00 a.m. he went to the spot along with Vikram Anthya, Mallesh Doddamani, Hospete Rural CPI Raghu Kumar, Kottur PSI Mailari, Tornagal PSI Chandan Gopal, Sandur PSI Prakash Patil, RSI Parashuram and other men and women PCs. He says that the workers of Justice and Care Organization namely, Sugandhi, Prabhu, Manoj 87 H. Gurani, Kum.Sharleen were also with them. They also called Fransina, Ravi, Saroj Kuamr, Ravitha.
He further states that, first they went to the house of Syed Riyaz Basha and they observed prostitution business was going on in the houses of Syed Riyaz Basha, Umar, Ramalakshmi, Setha, Malnad Nagaveni, Hussain bee, Sheik Kulchan and after confirming the same, they conducted raid. In the first instance they went to the house of Syed Riyaz Basha, accused No.1 and found 8 ladies and on enquiry they told their names as Syed Riyaz Basha, Sandhya, Kumari, Durga Devi and Dhanalakshmi and hew as informed that they were brought for doing prostitution business and told that accused Riyaz pasha was receiving amount from customers and was giving token and sending the customers to them and that the entries were made in the note books . 88
Further he states that there were 8 ladies in the aid house namely, Raji, Chinni, Sireesha, Priya, Mani, Huligemma, Arifa and Sharmila and they seized Rs.43,940/- and small cartoon box containing nirodh and that they protected the aid 8 persons from the house of Riyaz basha.
Thereafter, they went to the house of accused No.47-Ummar which is measuring 10 x 15 feet and there were 8 ladies and on enquiry, they told their names as Ummar, Akbar, Kumari, Shrinivas rao, S.K.Lakshmikantha and he was told that they had employed 8 ladies for prostitution business and they were taking amount from the customers, giving token and the amount earned by the victim was entered in the note book. He further says that victims have stated their names as Beli, another Beli, Sumana, Shantha and they were in the house of Ummar. On checking Ummar they found an amount of Rs.68,500/- 89 and it was the amount that was earned due to prostitution business.
Further, he states that, thereafter, they went to the house of accused Ramalakshmi and there were 9 persons there and out of them, 4 women were brought for prostitution purpose and on enquiry with the persons they told their names as Ramalakshmi, Habeeb and the aforesaid persons were taking the amount from the customers and were giving the token and condoms to the customers and amount earned by each victim was entered in a note book. The victims who were in the house were Mouni, Shailaja, Bhavani, Mampi and Mounika and he has stated they checked accused No.11 Ramalakshmi and seized an amount of Rs.89,300/- and other articles.
He further states that then they went to the house of accused No.15-Seetha and there were 10 persons in the said house. In the said house, Seetha, 90 Shaila, S.K. Sheik sha vali and Malaguri Kasturi were there and engaged in prostitution business and used to take amount from customers. The victims who were in the said house were Anu, Lavanya, Reshma, Taniya, Akthar, Lakshmi Priya, Geetha and Manju and on checking seethe, they found an amount of Rs.74,500/- and possessing articles.
Thereafter, they went to the house of accused No.19 Malnad Nagaveni and there were 8 persons in the aid house including 4 ladies and on enquiry with Malnad Nagaveni, she told that Raghava, Mari and Suresh had brought them for doing prostitution business and they were taking the amount from the customers and giving token and condoms. He says that Nagamani, Fareeda, Tayiba @ Mirchi, Swapna were in the said house and on checking Nagaveni, they found Rs.30,000/- and they seized the amount from her.
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Thereafter, they went to the house of accused No.23 Hussain Bee and there they found 8 persons and Hussain bee told that M. Seetha, Lavanya Rupa had brought the ladies for prostitution purpose and he states that Aruna, Uma, Lalitha Rani were in the said house and on checking Hussain bee, they found an amount of Rs.98,200/- with her.
Then they went to the house of accused No.28 Sheik Kulchan and on enquiry with him, he told that Roja, Abeed, Nayakalu, Komireddy Lakshmi had brought the ladies for prostitution business and the ladies who were in the said house were Kota Lakshmi, Jyothi, Adi Lakshmi, Rama Lakshmi, Ayushya, yasmeen, Lakshmi, Lavanya and Bhavani and that on checking Sheik Kulchana, they found an amount fo rs.54,351/- with him and they seized it along with other articles.
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Further, he states that they conducted raid on 7 houses and arrested 33 accused and 43 victims from the said houses. He has identified the aid persons whoa re the victims and 33 accused. He has further stated that he has seized the long note books and diaries and the amount of Rs.4,58,791/- and other MOs and mahazar was conducted and panchas have put their signatures only. He has also identified the complaint which is at Ex.P8. He has been cross examined at length.
51. PW24-Somashekhara is the PSI Crime Division, Davanagere and he has stated that on 17.8.2013 at about 10.00 p.m. PW18 sent the written complaint and on the strength of the said complaint, he registered the case and sent the FIR to the Court as per Ex.P53 and he identified the complaint as Ex.P8. Thereafter, he handed over the further investigation of the case to CPI. He has been cross 93 examined. He denied that a false case has been registered by him.
52. The details of Doctors who have examined CWs, calculated age of the victims and issued certificates are as under:
Doctors (PW Nos.) CWs/Years/Exs.
PW19- Dr. V. Yogiraj Huligemma - 17-19years PW20- Dr. Chaithanya, CW6 - 21 - Ex.P10 CW16- Ex.P11;
CW7- 22-25 -Ex.P12;
CW25- 18-21 - Ex.P13;
CW10- 18-21 - Ex.P14;
CW14 - 25 -Ex.P15;
CW17- 21-25 - Ex.P16;
CW21- 21-25- Ex.P17;
CW12- 21-25- Ex.P18;
CW20- 25- Ex.P19;
CW22- 25- Ex.P20;
CW9- 25- Ex.P21;
CW13- 21-25- Ex.P22;
CW11- 21-25- Ex.P23;
CW18- 21-25- Ex.P24;
CW15- 21-25- Ex.P25;
CW8- 21-25- Ex.P26;
CW19- 21-25- Ex.P27;
CW23- 21-25- Ex.P28;
CW24- 21-25- Ex.P29;
CW5- 21-25- Ex.P30;
PW21-Dr.Nataraj, He examined 15 ladies and examined 13 years old Shantha Akthar and she told that she was engaged ins 94 sexual activity and there were marks on her inner clothing's and he did not notice any injuries. He says that on examination of the ladies, he did not notice any contagious diseases and that Tayiba was 4 months pregnant.
PW22-Dr. Shreenivas M.R. He examined Swapna, Taniya, Bhavani, Ramalakshmi and issued certificates as per Exs.P47 to 50.
PW23-Dr. Arun Dasan He examined Bithi, Shirisha, given their age as 16-18 years and issued certificate as per Exs.P51 and 52.
PW25-Dr. Kusuma On 28.8.2013 she examined:
Mounika - 20- Ex.P54;
Reshma - 20 - Ex.P55;
Mampi - 17 -Ex.P56;
Sirisha - 18-20 - Ex.P57;
Bith - 18-20 - Ex.P58;
PW26-Dr.Shailendra Singh He examined 8 girls on 28.8.2013 Shantha akthar - 14-16;
Priya - 15-17;
Lavanya - 17-19;
Fareeda - 16-18;
Lakshmi - 17-19;
Lakshmi Priya - 16-18;
Adi Lakshmi - morethan 20;
Tayiba - 18-20;
Issue Exs.P59 to 66.
PW27-Dr.Ravi N. Raji - 17-19 - P67;
Belli - 16-19 - P68;
Chinni - 17-19 - P69;
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53. PW28-Lakshmi Priya states that during July 2013 she was brought by one Lakshmi from Hyderabad to Ballari and she was taken to D.C.Nagar and similarly Shreerekha and Rajitha were also brought to D.C.Nagar and she says that when Lakshmi brought her to D.C.Nagar, she had informed PW28 that her uncle was in the said area and she had told her that they would stay there. She further states that one Basha took them to D.C.Nagar, to the house of Gudda Reddy, accused No.47 and Lakshmi stayed there for one day and then went away. She stayed with Shreerekha, Rajitha and Lakshmi for a month and for about one month they did prostitution business and Gudda reddy was bringing the customers and paying Rs.250/- to the owner and Rs.100/- to them and she has stated that her age is 16 years. She clearly states that at the instance of Gudda reddy she has done the business and if she refused to do 96 prostitution business, Gudda reddy was beating her with belt. She identified the persons who were doing ptrostitution business and also identified accused No.45, 14,50 and Habeeb sab. She further states that at the time of raid, she was 16 years and her date of birth is 15.8.1996.and states that Gudda reddy was telling her that he had given Rs.50,000/- to Lakshmi. She has been cross examined at length.
54. PW29- R.Nagendra Naidu, is ASI, who has stated that on 9.7.2014 he along with PC 101 and CPI went to Bengaluru Reception center and recorded the further statement of Suman, Taniya Akthar, Mounika @ Rani and Reshma and one Bhavani and Adi Lakshmi did not give any further statement and other persons gave further statement. He has been cross examined at length.
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55. PW30-Suleman is the PSI, CBI, Belgaum and he has stated that on 18.8.2013 he took up further investigation of the case from PSI Somashekara and on the same day the minors Raji, Chinni, Shirisha, Priya, Beethi, Beli, Sumana, Shantha Akthar, Bhavani, Lavanya, Mampi, Fareeda, Mirchi @ Tayiba, Swapna, Adi Lakshmi and her child N. Lakshmi and another Lakshmi were produced by him before the Child Welfare committee. Further he speaks about his official duties. He has been cross examined at length.
56. PW31-Umesh Eshwar Naik is the Police Inspector, Special squad and he has stated that on 26.9.2013, he arrested accused No.43, one Babi @ Diwakar and recorded the statement of CW106, obtained the age certificates of the victim and after competition of investigation, he has filed charge sheet against the accused.
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57. Here, it is necessary to mention Section 106 of the Evidence Act, which is as under:
"Burden of proving fact especially within knowledge.- When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him."
58. In the circumstances regarding the presence of 14 persons, accused should have given explanation of their personal knowledge.
59. The following table reflects criminal appeal numbers, name of the accused, their rankings before the trial court, offences for which they were convicted, punishment imposed, punishment prescribed under respective Sections:
Criminal Offences for which they Punishment imposed by the trial Punishment prescribed under Appeal Nos. were convicted court Sections Accused names and their rankings 100041/ 2017 U/s 366,366A,366B, 368, Convicted for the offence P/U/S Imprisonment which may extend for 370,370A,372,373,read 366 IPC to undergo SI for 7 years 10 years and fine u/s 366 of IPC with Section 109 of IPC and to pay fine of Rs.25,000/- each A8-Akbar and under Section 3 and 4 and in default undergo SI for 2 of POCSO Act and under years A12- Sections 3,4,5,6,7 and 9 of Habeeb sab Immoral Traffic (Prevention) Act 1956 99 A17-Sheksha- Convicted for the offence P/U/S Imprisonment which may extend for vali 366A IPC to undergo SI for 7 10 years and fine u/s 366A of IPC years and to pay fine of A33-Soori @ M. Rs.25,000/- each and in default Suresh undergo SI for 2 years A46-Basha @ Mahaboob Convicted for the offence P/U/S Imprisonment which may extend for Basha 366B IPC to undergo SI for 7 10 years and fine u/s 366B of IPC years and to pay fine of A87-Peera Rs.25,000/- each and in default undergo SI for 2 years Convicted for the offence P/U/S Imprisonment which may extend for 368 IPC to undergo SI for 10 years 07 years and fine u/s 368 of IPC and to pay fine of Rs.25,000/- each and in default undergo SI for 2 years Convicted for the offence P/U/S Rigorous Imprisonment of not less 370 IPC to undergo SI for 7 years than 7 years but which may extend and to pay fine of Rs.25,000/- each to 10 years and fine u/s 370 of IPC and in default undergo SI for 2 years Convicted for the offence P/U/S In respect of minor/ child:
370A IPC to undergo RI for 5 Rigorous Imprisonment for a term years and to pay fine of which may not be less than 5 years Rs.25,000/- each and in default but which may extend upto 07 years undergo SI for 2 years with fine In respect of person:
RI for a term which shall not be less that 3 years which may extend to 5 years with fine.
Convicted for the offence P/U/S Imprisonment which may extend to 372 IPC to undergo SI for 7 years 10 years and fine and to pay fine of Rs.25,000/- each and in default undergo SI for 2 years Convicted for the offence P/U/S Imprisonment which may extend for 373 IPC to undergo SI for 7 years 10 years and fine and to pay fine of Rs.25,000/- each and in default undergo SI for 2 years 100 Convicted for the offence P/U/S 3 Shall be punished with Imprisonment and 4 of POCSO Act, to undergo which shall not be less than 7 years SI for 7 years and to pay fine of but may extend to imprisonment for Rs.25,000/- each and in default life and shall be liable to fine undergo SI for 2 years Convicted for the offence P/U/S 3 Punishment for keeping a brothel or "3. "3 of Immoral (Traffic) Prevention Act, 1956 to undergo RI for 01 allowing premises to be used as a year and to pay fine of Rs.1,000/- brothel.-
each and in default undergo SI for one month (1) Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees."
Xxx xxxxx xxxx Convicted for the offence P/U/S 4 "4.Punishment for living on the of Immoral (Traffic) Prevention earnings of prostitution.-- (1) Any Act, 1956 to undergo RI for 01 person over the age of eighteen years year and to pay fine of Rs.5,000/- who knowingly lives, wholly or in part, each and in default undergo SI for on the earnings of the prostitution of one month 20 [any other person] shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both 21 [and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years]."
Xxx xxxx xxxx Convicted for the offence P/U/S 5 "5. Procuring, inducing or taking of Immoral (Traffic) Prevention (person) for the sake of prostitution. - Act, 1956 to undergo RI for 07 1) Any person who - years and to pay fine of Rs.1,000/- each and in default undergo SI for (a) procures or attempts to procure a 101 one month [person], whether with or without 24 his/her consent, for the purpose of prostitution;
(b) Induces a person to go from any place, with the intent that he/she may, for the purpose of prostitution become the inmate of, or frequent, a brothel; or
(c) Takes or attempts to take a person or causes a (person) to be taken, from one place to another with a view to his/her carrying on, or being brought up to carry on prostitution; or
(d) causes or induces a (person) to carry on prostitution;
(shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years."
Xxx xxx xxx Convicted for the offence P/U/S 6 "6. Detaining a [person] in premises of Immoral (Traffic) Prevention where prostitution is carried on.-- Act, 1956 to undergo SI for 07 (1) Any person who detains [any other years and to pay fine of Rs.5,000/-
each and in default undergo SI for person, whether with or without his
two years. consent].
(a) in any brothel; or
(b) in or upon any premises with
intent [that such person may have
sexual intercourse with a person who is not the spouse of such person], 2[that such person may have sexual intercourse with a person who is not the spouse of such person]," shall be punishable [on conviction, with imprisonment of either description for a term which shall not be less than seven years but which may extend to ten years and shall also be liable to fine."
102Convicted for the offence P/U/S 7 " 7.Prostitution in or in the vicinity of of Immoral (Traffic) Prevention public place.--
Act, 1956 to undergo SI for 07 (1) Any (person), who carries on
year and to pay fine of Rs.5,000/- prostitution and the person with whom
each and in default undergo SI for such prostitution is carried on, in any
two years premises,-
(a) which are within the area or areas, notified under sub-section (3); or
(b) which are within a distance of two hundred meters of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the Commissioner of Police or magistrate in the manner prescribed, Shall be punishable with imprisonment for a term which may extend to three months."
Convicted for the offence P/U/S 9 "9. Seduction of a (person) in of Immoral (Traffic) Prevention custody.-- (1) Any person who (having Act, 1956 to undergo SI for 07 the custody, charge or care of, or in a year and to pay fine of Rs.5,000/- position of authority over any (person), each and in default undergo SI for causes or aids or abets the seduction two years for prostitution of that (shall be punishable on conviction with All the sentences to run imprisonment of either description for a concurrently. term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine." Xxx xxx xxxx 100047/ -Same as above- -Same as above- -Same as above- 2017 A3- P.Sandhya A4-Kumari A9-P.Kumari A10- S.K.Lakshmi A11-
Ramalakshmi A14-Durga A16-Shailu @ 103 Gorgap shailur A18-Marigudi Kasthuri @ Mallur Kasthuri A19- Malnad Nagaveni @ Marlapu Nagaveni A21-Meri A23-Hussain Bee @ Syed Hussain bee A24-Malagal Seetha A31- Kommireddy @ Kommi reddy lakshmi A38-Kamachihi @ Kamakshi A39-Mabu @ mabbunni A41- Meenakshmmm a A44- Padmavathi A48 -Guddappa @ Shekshavali A50- Lakshmi 100078/ -Same as above- -Same as above- -Same as above- 2017A5- Durga @ Durgadevi 100062/ -Same as above- -Same as above- -Same as above- 2017 A80-Munna @ S. Rasul 104 100175/ -Same as above- -Same as above- -Same as above- 2017A4- Kumari 100151/ -Same as above- -Same as above- -Same as above- 2017 A43-Badisa @ Bedsa @ Shashuvali -Same as above- -Same as above- -Same as above- 100344/ 2017 A52- Babai @ Divakar Bakta
60. It is significant to note that, PW3 is the victim and native of Bangladesh, she speaks precisely against accused Nos.31,12,52,46,34,15,16,47,11,43 that she was compelled by them to pursue into prostitution. PW4 and PW5 are the victims and native of Bangladesh and they speak that they were brought by accused No.17 and 75 (against whom case split up). However, torture and assault are not specifically established. PW6 is the victim and resident of Navalagi village. She tells that accused 105 No.19 brought her and tells about accused 34 who has forced her for prostitution business. PW7 is the victim and she tells that accused 79 brought her and wife of accused Gudda reddy had employed the ladies for prostitution. PW8 is the victim, she is from Andhra Pradesh and she tells that accused No.48 compelled her to do prostitution business.
61. PW9 is the victim, she tells that accused No.65 brought her to Ballari and sold her to accused Mumtaj and forcibly employed her for prostitution business.
62. PW10 is the victim resident of Andhra Pradesh. She tells that accused No.85 brought her to Ballari and sold her to accused No.47 who forced her for prostitution. PW11 is the victim and resident of West Bengal. She tells that accused No.52 brought 106 her to Bengaluru and mother of Badisa and Riyaz forced her to do prostitution business and they were not providing food and medical treatment.
63. PW12 is the victim resident of Bangladesh. She tells that accused Masood brought her to India and she states that her date of birth is 5.9.2000 and accused No.43 employed her for prostitution.
64. PW13 is the victim and resident of Vijayavada. She tells that accused No.76 brought her and she was forced to do prostitution business. PW14 is the victim. She is from Andhra Pradesh. She tells accused Mumtaz was doing prostitution business and she forced her to do flesh trade.
65. PW15 is the victim a resident of Andhra Pradesh. She tells that accused No.78 brought her and accused No.47 forced her to do flesh trade. PW16 is 107 the victim. She tells that one Ballu brought her and one Mangala forced her to do prostitution business. PW28 is the victim. She is the resident of Hyderabad. She clearly states that at the instance of Gudda reddy she has done the business and if she refused to do so, Gudda reddy was beating her with belt.
66. Among the witnesses, substantial witnesses stated above are victim girls and they do not stand to gain benefit over making false accusation. They have pushed heavy embarrassing and painful status on them and there is no reason as to why their evidence cannot be believed.
67. Compelling to do prostitution bears no fixed guidelines to be determined. It is a matter of fact. Prime material witnesses would be none other than victims. It includes series of facts which leaves the 108 victim on the platform of prostitution without any alternative. In the circumstances, we cannot expect other set of corroboration.
68. Reasonable number of victims is from neighboring Country Bangladesh and neighboring State Andhra Pradesh and minors are included. They were sold and they were treated like laborers in flesh trade. The circumstantial evidence is the oral testimony of the victims. They were used as instruments of offence. A lady when admits that she was trading in flesh trade, she is aware of the consequences and the personality that would be attributed by the society on her whether she is conducted or otherwise. They were victimized by the circumstances in the light of being forcibly pushed into flesh trade by accused persons. 109
69. The learned trial Judge was right in convicting the accused for the offences as mentioned above except for the offences punishable under Sections 3 and 4 of POCSO Act. The punishment imposed on the respective appellants appears to be on the higher side and it deserves to be reduced.
70. The prosecution has established maintenance of brothel by the accused, trading of the accused in prostitution by pushing the accused -victims for prostitution and have gone to the level of living on the earnings as elicited in the oral evidence of the victims. Further the prosecution has established procuring, buying, selling of the victims for prostitution and have practiced it. Further it is established beyond reasonable doubt that the accused have run the illegal business of prostitution in the residential area. The prosecution has proved the commission of offences 110 by the accused beyond all reasonable doubt and accused are liable for punishment.
71. Sections 3 and 4 of the POCSO Act defines penetrative sexual assault and punishment for the said offence. But the oral evidence of the victims as stated above do not specifically establish the offence defined under Section 3 and punishable under Section 4 of the Act, however it establish the offence defined under Section 7 and punishable under Section 8 of the said Act, which read as under:
"7 - Sexual assault Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
8- Punishment for sexual assault Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years 111 but which may extend to five years, and shall also be liable to fine."
Hence, the conviction under said sections is liable to be set aside and accused are liable to be convicted for the lesser offence defined under Section 7 and punishable under Section 8 of the said Act.
72. In the process, appeals are allowed in part. The impugned Judgment dated 17.01.2017 passed by the learned trial Judge in S.C.No.151/2013 convicting the accused/appellants for the offences punishable under Sections 366, 366- A, 366-B, 368, 370, 370-A, 372, 373 read with 109 of IPC and under Sections 3,4,5,6,7 and 9 of Immoral Traffic (Prevention) Act, 1956 is hereby confirmed.
Insofar as offence under Sections 3 and 4 of Protection of Children from Sexual Offences Act (POCSO) is concerned, the conviction and sentence imposed under the said sections is set aside 112 and accused are convicted for the lesser offence punishable under Sections 7 and 8 of the POCSO Act.
Sentence imposed by the learned trial Judge on 18.01.2017 is modified/reduced/confirmed as under:
Criminal Offences for which they Punishment Punishment Appeal Nos. were convicted imposed by the trial imposed by Accused court this Court.
names and
their rankings
100041/ 2017 U/s 366,366A,366B, 368, Convicted for the Punishment imposed by trial court
370,370A,372,373,read offence P/U/S 366 is reduced to three years and other
with Section 109 of IPC IPC to undergo SI for aspects remains unaltered.
A8-Akbar and under Section 3 and 4 7 years and to pay
of POCSO Act and under fine of Rs.25,000/-
A12- Sections 3,4,5,6,7 and 9 of each and in default
Habeeb sab Immoral Traffic undergo SI for 2
(Prevention) Act 1956 years
A17-Sheksha-
vali Convicted for the Punishment imposed by trial court
offence P/U/S 366A is reduced to three years and other
A33-Soori @ M. IPC to undergo SI for aspects remains unaltered.
Suresh 7 years and to pay
fine of Rs.25,000/-
A46-Basha @ each and in default
Mahaboob undergo SI for 2
Basha years
A87-Peera
Convicted for the Punishment imposed by trial court
offence P/U/S 366B is reduced to three years and other
IPC to undergo SI for aspects remains unaltered. 7 years and to pay fine of Rs.25,000/-
each and in default undergo SI for 2 years Convicted for the Punishment imposed by trial court offence P/U/S 368 is reduced to three years and other IPC to undergo SI for aspects remains unaltered. 10 years and to pay fine of Rs.25,000/-
each and in default undergo SI for 2 years 113 Convicted for the Punishment imposed by trial court offence P/U/S 370 is reduced to five years and other IPC to undergo SI for aspects remains unaltered. 7 years and to pay fine of Rs.25,000/-
each and in default undergo SI for 2 years Convicted for the Punishment imposed by trial court offence P/U/S 370A is reduced to five years and other IPC to undergo RI for aspects remains unaltered. 5 years and to pay fine of Rs.25,000/-
each and in default undergo SI for 2 years Convicted for the Punishment imposed by trial court offence P/U/S 372 is reduced to three years and other IPC to undergo SI for aspects remains unaltered. 7 years and to pay fine of Rs.25,000/-
each and in default undergo SI for 2 years Convicted for the Punishment imposed by trial court offence P/U/S 373 is reduced to three years and other IPC to undergo SI for aspects remains unaltered. 7 years and to pay fine of Rs.25,000/-
each and in default undergo SI for 2 years Convicted for the Accused are acquitted under offence P/U/S 3 and Section 3 and 4 of POCSO Act but 4 of POCSO Act, to convicted for the offences undergo SI for 7 punishable under Section 7 and 8 of years and to pay fine the said Act and accused shall of Rs.25,000/- each undergo Rigorous imprisonment for and in default 3 years and to pay fine of undergo SI for 2 Rs.25,000/- each and in default to years undergo Simple Imprisonment for 2 years.
Convicted for the Confirmed.
offence P/U/S 3 of Immoral (Traffic) Prevention Act, 1956 to undergo RI for 01 year and to pay fine of Rs.1,000/- each and in default undergo SI for one month 114 Convicted for the Confirmed. offence P/U/S 4 of Immoral (Traffic) Prevention Act, 1956 to undergo RI for 01 year and to pay fine of Rs.5,000/- each and in default undergo SI for one month Convicted for the Confirmed. offence P/U/S 5 of Immoral (Traffic) Prevention Act, 1956 to undergo RI for 07 years and to pay fine of Rs.1,000/- each and in default undergo SI for one month Convicted for the Confirmed. offence P/U/S 6 of Immoral (Traffic) Prevention Act, 1956 to undergo SI for 07 years and to pay fine of Rs.5,000/- each and in default undergo SI for two years. Convicted for the Confirmed. offence P/U/S 7 of Immoral (Traffic) Prevention Act, 1956 to undergo SI for 07 year and to pay fine of Rs.5,000/- each and in default undergo SI for two years Convicted for the Confirmed. offence P/U/S 9 of Immoral (Traffic) Prevention Act, 1956 to undergo SI for 07 year and to pay fine of Rs.5,000/- each and in default undergo SI for two years 115
All the sentences to All the sentences to run run concurrently. concurrently. The punishment imposed by this court in CRL.A.No.100041/2017 holds good for other accused persons/appellants in CRL.A.Nos.100047/2017, 100078/2017, 100062/2017, 100175/2017, 100151/2017 and 100344/2017 as they are convicted and sentenced for the same offences.
Insofar as Criminal Revision Petition No.100206/2017 is concerned it is preferred by the State. The relief sought for is regarding payment of compensation to the victims PW-2 to 16 and PW-28.
In this regard learned Government Pleader submits that the learned trial Judge ought to have 116 ordered payment of compensation to the victims out of the fine amounts.
In the circumstances, it is just and proper to order for the payment of compensation to the said victims and as such out of the amount if any deposited by the accused/appellants as part of sentence, 90% of the amount shall be equally paid to the victims PW- 2 to 16 and PW-28 and remaining 10% of the same shall go to the Government. Accordingly Criminal Revision Petition No.100206/2017 filed by the State is allowed.
SD JUDGE tsn*