Delhi District Court
State vs . Meena on 20 March, 2011
IN THE COURT OF SH. SANDEEP GARG, METROPOLITAN
MAGISTRATE (CENTRAL)-05, DELHI
FIR No. 491/95
U/s 8 ITP Act
PS- Kamla Market
State Vs. Meena
JUDGMENT:
a The Sl. No. of the case : 919/2
b The date of commission : 28.07.2007
c The name of complainant : Shakur Ahmad
d The name of accused : Meena D/o Yangturna R/o
: Mohalla Bali Shahu Road,
: Jhuggi Anant Puram, Andhra
: Pradesh.
: Present Address:- Kotha
: No.52, GB Road, Delhi.
e The offence complained of : U/s 8 ITP Act
f The plea of accused : Pleaded guilty
g The final order : Convicted
h The date of such order : 15.03.2011
i The date of institution
of the case : 11.11.2008
j Date of hearing final arguments
and final adjourning the matter
for orders : 15.03.2011
BRIEF REASONS FOR THE DECISION:
1. Accused Meena has been sent to face trial for offence U/s 8 ITP Act with the allegations that on 28.07.2007 at 06:50 PM, in the varandah of kotha no.52, GB Road, Delhi, within the jurisdiction of PS Kamla Market, she seduced the complainant Shakur Ahmad and solicited him for the purpose of prostitution. Investigation was carried out.
2. Upon completion of investigation, the charge sheet was filed on 11.11.2008. During the course of trial, accused has pleaded guilty and has FIR No. 491/07 PS Kamla Market State vs. Meena Page 1 of 3 admitted the prosecution case. She has been explained the accusations and warned of the consequences. Despite warning, the accused insisted on her plea. It is held in State of Maharastra Vs. Dhruwa Wollen Mills Pvt. Ltd. 1991 Cr.L.J. 3141 (Bom.) that:-
"if the substance of occupation is properly explained to the accused and the accused understands fully the implication of the charge and pleads guilty, the Magistrate can record such plea and convict the accused on accepting such plea. But if the accused is not present before the Magistrate and does not plead guilty, the plea of guilty by other accused on his behalf, is illegal."
3. In view of the plea of guilt, accused Meena is convicted for offence U/s 8 ITP Act.
Announced in the open (Sandeep Garg) Court on 15.03.2011 MM(Central)-05, Delhi.
FIR No. 491/07 PS Kamla Market State vs. Meena Page 2 of 3 ORDER ON POINT OF SENTENCE I have heard, Ld. APP for State and counsel for convict Meena on point of sentence. Ld. counsel for convict submits that the convict is suffering from HIV and is undergoing treatment at Andhra Pradesh.
Heard. Considering the facts and circumstances of the case, the convict is sentenced to undergo rigorous imprisonment for seven days in respect of offence U/s 8 ITP Act. Conviction warrants be prepared forthwith. File be consigned to Record Room.
Announced in the open (Sandeep Garg) Court on 15.03.2011 MM(Central)-05, Delhi.
FIR No. 491/07 PS Kamla Market State vs. Meena Page 3 of 3