Bangalore District Court
The State Of Karnataka vs Pandith @ Raj Kumar Mishra on 17 March, 2017
IN THE COURT OF THE L ADDL.CITY CIVIL &
SESSIONS JUDGE, BANGALORE
Dated this the 17th Day of March 2017
PRESENT: SMT. B.S.REKHA. B.A. Law., LL.M.
L Additional City Civil & Sessions Judge,
Bangalore.
SPECIAL C.C. No. 535/2016
COMPLAINANT: The State of Karnataka
By Kodige Halli Police Station,
Bangalore.
[Rep. by learned Public Prosecutor,
Bangalore.]
/ VERSUS /
ACCUSED: 1 Pandith @ Raj Kumar Mishra,
S/o.Radhakrishna Mishra, 36 years,
R/at. No.43, 2nd Main, 3rd Cross,
Vinayaka Nagar, Adugodi,
Bangalore.
2 Yadav,
C/o. Pandith @ Raj Kumar Mishra,
R/at. No.43, 2nd Main, 3rd Cross,
Vinayaka Nagar,
Adugodi,
Bangalore.
2 Spl.C.C.No.535/2016
3 Akram,
C/o. Pandith @ Raj Kumar Mishra,
R/at. No.43, 2nd Main, 3rd Cross,
Vinayaka Nagar,
Adugodi,
Bangalore.
4 Aslam Pasha @ Aslam,
S/o. H.M.Akbar Sab. 42 years
R/at. No.50, Modi Kareem Shampaign,
Doddanna Nagar,
Bangalore-45
5 Sunil Mishra @ Sunil,
S/o.Deena Nan Mishra, 20 years,
R/at. No.292, Khaleel Building,
Maruthi Plaza,
Chikka Pete Main Road,
Bangalore-53.
6 Kuso @ Dada .....Split up
7 Alok .....Split up
8 Rishi @ Shafeer
S/o. Abdul Rehaman, 20 years,
R/at. No.47, 7th Cross, 1st Main,
Hebbal, Kempapura,
Bangalore-24.
9 Rajashekar
S/o. Ningaiah, 40 years,
R/at. No.127, Christian College Road,
Hebbal, Kempapura,
Bangalore-24.
10 Raju .....Split up
3 Spl.C.C.No.535/2016
11 Uday,
C/o.Pandith @ Raj Kumar Mishra,
R/at. No.43, 2nd Main, 3rd Cross,
Vinayaka Nagar, Adugodi,
Bangalore.
12 Pranesh,
S/o. Narayan, 31 years,
R/at. Sri House Nirmal Giri Talachari,
Kannuru District,
At present residing at
Thai Lodge,
Yeshwanthapura,
Bangalore.
13 Basavaraj,
S/o. Made Gowda, 28 years,
R/at. Angalu Village,
Gundlupete Taluk,
Chamaraj Nagar District,
At present residing at
Thai Lodge,
Yeshwanthapura,
Bangalore.
14 Shekar,
S/o. Siddaraju, 21 years,
R/at. Angalu Village,
Gundlupete Taluk,
Chamaraj Nagar District,
At present residing at
Thai Lodge,
Yeshwanthapura,
Bangalore.
4 Spl.C.C.No.535/2016
Rep. Sri.H.R.K., for A-1 & 9,
Sri.M.C.P., for A-2, 3, 4 & 8,
Sri.G.S., for A-5 &
Sri.B.R., for A-11 to 14 -Advocates]
1 Date of commission of offence 06-02-2012
2 Date of report of occurrence 06-02-2012
3 Date of arrest of Accused No.1 30-01-2017
Date of release of Accused No.1 Till date i.e.,
Period undergone in custody 17 days &
by Accused No.1 1 month
Date of arrest of Accused No.2
Date of release of Accused No.2
Period undergone in custody ON BAIL
by Accused No.2
Date of arrest of Accused No.3
Date of release of Accused No.3 ON BAIL
Period undergone in custody
by Accused No.3
Date of arrest of Accused No.4 14-03-2012
Date of release of Accused No.4 11-06-2012
Period undergone in custody 27 Days &
by Accused No.4 2 months
Date of arrest of Accused No.5 14-03-2012
Date of release of Accused No.5 19-06-2012
Period undergone in custody 5 Days &
by Accused No.5 3 months
Date of arrest of Accused No.8 07-02-2012
Date of release of Accused No.8 11-05-2012
Period undergone in custody 4 Days &
by Accused No.8 3 months
5 Spl.C.C.No.535/2016
Date of arrest of Accused No.9 07-02-2012
Date of release of Accused No.9 11-05-2012
Period undergone in custody 4 Days &
by Accused No.9 3 months
Date of arrest of Accused No.11
Date of release of Accused No.11 ON BAIL
Period undergone in custody
by Accused No.11
Date of arrest of Accused No.12 07-02-2012
Date of release of Accused No.12 11-05-2012
Period undergone in custody 4 Days &
by Accused No.12 3 months
Date of arrest of Accused No.13 07-02-2012
Date of release of Accused No.13 16-05-2012
Period undergone in custody
by Accused No.13
Date of arrest of Accused No.14 07-02-2012
Date of release of Accused No.14 11-05-2012
Period undergone in custody 4 Days &
by Accused No.14 3 months
4 Date of commencement of evidence 07-04-2014
5 Date of closing of evidence 11-02-2016
6 Name of the complainant M.Nagaraj
7 Offences complained of Sec.3, 4, 5, 6 &
9-ITP Act &
Sec. 143, 343,
366, 376 r/w.
149-IPC
8 Opinion of the Judge Accused No.1, 8,
9 and 11 are
convicted
6 Spl.C.C.No.535/2016
9 Order of Sentence As per the final
order
JUDGMENT
The Police Inspector attached to the Kodige Halli Police Station, Bangalore City, has filed this charge sheet against the accused persons for the offences punishable under Section 3, 4, 5, 6 and 9 of I.T.P. Act and Section 143, 343, 366, 376 read with Section 149 of I.P.C.
2. The case of the prosecution in brief is that accused in this case with common intention to live on the earning by prostitution trafficked Cw.13 and Cw.27 to Bangalore on the guise that they are going to get job, illegally detained them in a building at Amrutha Halli for more than 3 days, and thereafter sent them near Esteem Mall in car and after receiving amount from the customers the accused used to sent them to different places for prostitution. On getting the information when Cw.1 tried to conduct raid on 06-02-2012, accused scattered to different places on Bellary Road. On the same day when they 7 Spl.C.C.No.535/2016 conducted raid at Thai Lodge at Yeshwanthapura on the credible information they were able to rescued Cw.9 to Cw.14 and at Bellary Road they rescued Cw.27 and Cw.19. The accused No.1 had committed rape on Cw.14 at Thai Lodge on several occasion against her will and there by the accused committed the aforesaid offences.
3. After submission of charge sheet before CMM, Bangalore, cognizance was taken and the learned Magistrate has committed this case to the Court of Sessions for trial. After committal, this case was made over Fast Track Court-IX and registered as S.C.No.969/2013. Accused No. 1 to 6, 8, 9, 11 to 14 are on bail. They engaged counsels for their defense. The copies of the charge sheet were furnished to them. After hearing both sides charge for the above offences were framed, read over and explained to the accused No. 1 to 6, 8, 9, 11 to 14 by the Presiding Officer-FTC-IX, for which they pleaded not guilty and claimed to be tried.
8 Spl.C.C.No.535/2016
4. As per Notification No.ADM-1(A)/171/2014 dated 22-02-2014 the case is transferred from FTC-IX to C.C.H-55.
5. On behalf of the prosecution Pw.1 to Pw.19 are examined and Ex.P1 to Ex.P11 and MO1 to MO14 are marked.
6. As per the order dated 05-05-2015, case against accused No.6 is split up. As per the Notification No.CRL.Br:
112/2016 dated 07-12-2016 this case is transferred from CCH-55 to CCH-51 and it is registered as Special C.C.No.535/2016. Thereafter the accused No. 1 to 5, 8, 9, 11 to 14 are examined under Section 313 of Cr.P.C. They denied the evidence, which appeared against them and they have not chosen to lead evidence on their side.
7. Perused the records and heard the arguments. 8 The points that arise for my consideration are as under:
9 Spl.C.C.No.535/2016
1) Whether the prosecution has proved beyond reasonable doubt that the accused No.1 to 5, 8, 9, 11 to 14 along with absconding accused No.6, 7 and 10 being the members of un-
lawful assembly, the common object of which was to live on the earning out of prostitution kept Cw.9 to Cw.14, Cw.19 and Cw.27 in a building at Amrutha Halli, Bangalore on the guise of getting them a job and thereby committed the offence punishable under Section 143 read with Section 149 of I.P.C.?
2) Whether the prosecution has proved beyond reasonable doubt that the accused No.1 to 5, 8, 9, 11 to 14 along with absconding accused No.6, 7 and 10 being the members of un- lawful assembly, with common object wrong- fully confined Cw.9 to Cw.14, Cw.19 and Cw.27 in a building at Amrutha Halli, Bangalore on the guise of getting them a job and thereby committed the offence punishable under Section 343 read with Section 149 of IPC?
3) Whether the prosecution has proved beyond reasonable doubt that the accused No.1 to 5, 8, 9, 11 to 14 along with absconding accused No.6, 7 and 10 being the members of unlawful assembly, with common object to use Cw.9 to Cw.14, Cw.19 and Cw.27 for prostitution kidnapped them, kept them in a building at Amrutha Halli, Bangalore and thereby committed the offence punishable under Section 366 read with Section 149 of IPC?
10 Spl.C.C.No.535/2016
4) Whether the prosecution has proved beyond reasonable doubt that the accused No.1 to 5, 8, 9, 11 to 14 along with absconding accused No.6, 7 and 10 being the members of unlawful assembly, with common object to use Cw.9 to Cw.14, Cw.19 and Cw.27 for prostitution kidnapped them, kept them in a building at Amrutha Halli, Bangalore and accused No.1 committed rape on Cw.14 in Thai Lodge at Yeshwanthapura and thereby committed the offence punishable under Section 376 of IPC?
5) Whether the prosecution has proved beyond reasonable doubt that the accused No.1 to 5, 8, 9, 11 to 14 along with absconding accused No.6, 7 and 10 with common object to earn money kidnapped Cw.9 to Cw,14, Cw.19, Cw.27 on the guise that they will get jobs kept them in a building at Amrutha Halli, Bangalore and allowed the above said premises to be used as a brothel house and thereafter accused used to sent them in a car near Esteem Mall, within the jurisdiction of Kodige Halli Police Station, and after getting money from the customers used to send them for prostitution to different places at Bangalore and thereby committed the offence punishable under Section 3 of Immoral Traffic (Prevention) Act, 1956?
6) Whether the prosecution has proved beyond reasonable doubt that the accused No.1 to 5, 8, 9, 11 to 14 along with absconding accused No.6, 7 and 10 with a common intention to live on the earnings of prostitution kidnapped Cw.9 to Cw,14, Cw.19, Cw.27 on the guise that they will get jobs kept them in a building 11 Spl.C.C.No.535/2016 at Amrutha Halli, Bangalore and allowed the above said premises to be used as a brothel house and thereafter accused used to sent them in a car near Esteem Mall, within the jurisdiction of Kodige Halli Police Station, and after getting money from the customers used to send them for prostitution to different places at Bangalore and thereby committed the offence punishable under Section 4 of Immoral Traffic (Prevention) Act, 1956?
7) Whether the prosecution has proved beyond reasonable doubt that the accused No.1 to 5, 8, 9, 11 to 14 along with absconding accused No. 6, 7 and 10 with a common intention procured or induced Cw.9 to Cw,14, Cw.19, Cw.27 on the guise that they will get jobs kept them in a building at Amrutha Halli, and thereby committed the offence punishable under Section 5 of Immoral Traffic (Prevention) Act, 1956?
8) Whether the prosecution has proved beyond reasonable doubt that the accused No.1 to 5, 8, 9, 11 to 14 along with absconding accused No. 6, 7 and 10 with a common intention to carry out prostitution kidnapped Cw.9 to Cw.14, Cw.19, Cw.27 on the guise that they will get jobs kept them in a building at Amrutha Halli, Bangalore and thereby committed the offence punishable under Section 6 of Immoral Traffic (Prevention) Act, 1956?
9) Whether the prosecution has proved beyond reasonable doubt that the accused No.1 to 5, 12 Spl.C.C.No.535/2016 8, 9, 11 to 14 along with absconding accused No.6, 7 and 10 with common object to earn money wrongfully kidnapped Cw.9 to Cw,14, Cw.19, Cw.27 on the guise that they will get jobs kept them in a building at Amrutha Halli, Bangalore and thereafter used to sent them in a car near Esteem Mall, within the jurisdiction of Kodige Halli Police Station, and after getting money from the customers used to send them for prostitution to different places at Bangalore and thereby seduce them for prostitution and committed the offence punishable under Section 9 of Immoral Traffic (Prevention) Act, 1956?
10) What order?
9. My findings on the above points are as under:-
Point No.1 : In the Negative
Point No.2 : In the Affirmative against
accused No.1 only.
Point No.3 : In the Affirmative against
accused No.1 only.
Point No.4 : In the Negative
Point No.5 : In the Affirmative against
accused No.1, 8, 9 & 11 only.
Point No.6 : In the Affirmative against
accused No.1, 8, 9 & 11 only.
Point No.7 : In the Affirmative against
accused No.1, 8, 9 & 11 only.
Point No.8 : In the Affirmative against
accused No.1, 8, 9 & 11 only.
13 Spl.C.C.No.535/2016
Point No.9 : In the Affirmative against
accused No.1, 8, 9 & 11 only.
Point No.10 : As per final orders for the following R E A S O N S:
10. Point No.1 to 9:- In order to prove its case, the prosecution has got examined 19 witnesses.
11. Cw.2-Vadivelu examined as Pw.1 has stated that on 06-02-2012 J.C. Nagar Police called him to come to J.C. Nagar Police Station and told that some persons have brought girls from North India side and were running prostitution and they have to conduct raid and requested to co-operate. He agreed and along with him one Vinod and Mani were there and other 2 to 3 persons were also there. Thereafter they have made teams and the police have given Rs.8,000/- to one Vinod and Rs.8,000/- to another team. That amount was given to trace the persons who are involved in the prostitution. Thereafter Vinod called the said gang and they told him to come to the place. Thereafter he went near Esteem Mall along with Vinod and 14 Spl.C.C.No.535/2016 when they called, four girls came to the spot and they told to choose amongst them and they have selected two girls. Those girls went in an auto by saying that they have to go to Thai Lodge at Yeshwanthapura and another team also came to Thai Lodge in an auto.
12. He has further stated that the police came near the lodge and the Manager was in the reception along with two boys. They have snatched the money from the Manager and he was having two notes of Rs.1,000/- denomination each and four notes of Rs.100/- denomination each. They have also taken the mobile from the Manager and they went to check the rooms. There were four girls near the reception and the police have checked two rooms, wherein a girl and a boy were there in the room. There was nothing in the room, but the police told that the condoms were there in the room. Thereafter the police have seized the ledger, cash book, money, electricity bills and the condoms. He signed that document as per Ex.P1.
15 Spl.C.C.No.535/2016
13. He has further stated that he identified the accused as the Manager and other persons as employees- Basavaraju and Shekar, who were working in Thai Lodge. He identified the notes as MO1. The police have taken six girls and three accused to the Police Station. Between 10.30 p.m., to 11.00 p.m., the police have taken him and Vinod near Esteem Mall and told them to show the vehicle. A car was coming from Yeshwanthapura side towards Esteem Mall and the police stopped that car, wherein a girl and a boy were there. The police seized that Car and the girl was arrested by the woman police. The driver was having Rs.2000/- cash and a Nokia mobile and another boy was having one Samsung mobile, one Nokia mobile and Rs.3,000/-and the same was seized by the police. There after they have seized those articles, recorded the statements and drawn mahazar as per Ex.P3. He identified those notes and mobiles as MO2 to MO6. The driver of the car was one Rishi and name of another person is Raja Shekar and Uday. According to him he has not properly 16 Spl.C.C.No.535/2016 identified Raja Shekar, because the days were lapsed.
14. During the course of cross-examination of the defense he has stated that according to him no criminal cases were registered against him. He has not given his name and phone number to the police. One Nagaraj-police had called him from the Police Station 07.00 p.m., to 07.30 p.m. He is not connected with the N.G.O. On 06-02-2012 he had no special work in the Police Station and the police have not given any notice. When they reached Thai Lodge, it was 09.00 p.m., to 09.30 p.m., and there the police came there. He denied that he signed in the Police Station and he had not been to the rooms in the lodge. He denied that the Police people and the NGO have taken him and other decoys to J.C. Nagar Police Station and taken their signatures.
15. He has further admitted that he was in his house at Magadi Road when the police called him which is at a distance of 12 Kms from the Police Station. When he 17 Spl.C.C.No.535/2016 reached the Police Station it was peak hours. He does not remember the timings when they left the J.C. Nagar Police Station. He and Vinod went in an auto near the Esteem Mall. When they reached the Esteem Mall, the decoys and other Panch witnesses were there. The police have given Rs.8000/- to Vinod in the Police Station by noting its numbers, but he has not signed to that document. Vinod had given the auto fair. When they reached Esteem Mall it was 08.30 p.m. The police told them that some persons are running prostitution and they have to assist, but the police did not told them to go to a particular place. But when they were waiting for auto, Vinod called a particular person and they told to come near Esteem Mall. He is not aware of that number. They were near the Esteem Mall within 1 to 1½ hours. There two boys and three girls in the car. Vinod went near the car and engaged the girls and hence he is unable to identify those two persons. He cannot identify the particular car. The police have stopped a particular car near Esteem Mall. He was unable to identify one person. 18 Spl.C.C.No.535/2016
16. He has further admitted that he is auto driver from the last eight years and now the driver is running the auto and he is the owner of the auto. He is residing in a slum. He is not aware of the contents of the mahazar. The police have prepared mahazar at 09.30 p.m., near Thai Lodge and between 10.30 p.m., to 11.00 p.m., near Esteem Mall. He went to Thai Lodge at 08.30 p.m., with two girls. He cannot say to which direction the main door of the lodge is located. He did not go inside the room, but he was near the reception. He denied that he is N.G.O. official.
17. Cw.1-M.Nagaraj-A.C.P., examined as Pw.2 has stated that on 06-02-2012 on the direction of A.C.P-Muni Rathnam Naidu, he called Panch witnesses and the decoys to the Police Station and told that one Pandith and others have brought North Indian girls for prostitution and they are depending on their income and thereafter he informed the same to decoys and the Panch witnesses and requested to assist them and when they agreed, he had given 19 Spl.C.C.No.535/2016 Rs.8,000/- each to one Manjunath, Vinod and Mani, who are the decoys and he formed six groups by taking staffs from different Police Stations. He made one group consisting of Sugandi, Manjunath, Mani, Vinod and Yogesh, Shilpa and Joshi as Panch witnesses. Along with them Police-Puttaswamy, Hanumantharayappa, Nataraj, W.P.C-Hemavathi were there and he was in that team. They have given Rs.8,000/- each to all the three decoys of that particular team. He told the decoys to call Pandith @ Raj Kumar Mishra or any of the persons from his side and tell them that they want girls for prostitution. Thereafter those three decoys called to the persons from Pandith side and they told them to come near Esteem Mall of Bellary Road. Thereafter he sent the decoys and two Panchas in an auto and told them to be in contact with him. As already they were aware that they are going to Thai Lodge, they went near the Lodge.
18. He has further stated that he and his staff went 20 Spl.C.C.No.535/2016 near the Lodge at 08.45 p.m., along with the laptop. When they went there Mani, Vinod, Joshi and other Panch witnesses and decoys were near the reception of Thai Lodge and four girls were with them and when he went to 2nd floor-Room No.77, he found one Manjunath and a girl there and on enquiry she told that Pandith brought her and made her to be prostitute. He found a condom. Thereafter he knocked Room No.82 and found a girl and a boy and on enquiry that girl told her name as Akki and she is from West Bengal, aged 17 years and Pandith had brought her for prostitution and he also committed rape on her several times. He seized condoms from that room. He also enquired the Manager of the Lodge-Pranesh and room boys- Basavaraju and Shekar and also they have seized two notes of Rs.1,000/- each and four notes of Rs.100/- each. He seized Ledger, electricity bill and cash book in the presence of Panchas. Thereafter he arrested the Manager, room boys and rescued six girls and thereafter he went to Kodige Halli Police Station, wherein he had given written complaint 21 Spl.C.C.No.535/2016 against Pandith and 9 other persons and handed over those articles to the Inspector. He identified his signatures on Ex.P1-mahazar, Ex.P3-complaint and MO1 to MO7. He identified the accused.
19. During the course of cross-examination of the defense he has stated that he had no personal knowledge of the decoys and the Panch witnesses. The staffs have not given any report regarding the decoys and the Panch witnesses in writing to him. When the decoys reached the spot, they were standing at a distance of 50 meters. He and his staff went in their vehicle. He had not gone near Esteem Mall and he has given amount to the decoys. He did not arrest the persons who have received the amount from the decoys immediately because he was not there in the spot at that time. He did not witness the accused persons handing over the girls to the decoys. They were at the spot before the arrival of the decoys and the victim. He was already aware about the number of rooms and persons 22 Spl.C.C.No.535/2016 available in the lodge and other particulars. He did not take the signature of the independent witnesses in the lodge. He did not noted in the complaint as to in which room which decoy and the girl were there. They have seized condoms in different rooms, but they were together before the court. They have not seized the CCTV camera in the lodge. He did not call the decoys to the Police Station. He denied that no such incident occurred in that lodge. He had given his personal money to the decoys and he has received some amount in that.
20. He has further stated that the A.C.P. had given information about the prostitution. He admitted that he has not stated in the complaint or in the mahazar that the amount given to the decoys belongs to him. He did not sign on the notes which were given to the decoys. He did not take amount from the Department, because he had no such time. He had paid the amount to the decoys and told them how to contact those persons. He is not aware of the 23 Spl.C.C.No.535/2016 mobile from where the decoys contacted those persons, but he is aware that the decoys contacted those persons. The decoys did not tell them to come near Esteem Mall. He did not arrest the persons when he came near the lodge, because at that time the incident had not occurred. He seized Rs.2,400/- only in the lodge, but he is not aware as to what has happened to the remaining amount. He is not aware as to who brought three autos and who the drivers of those autos. They went near Thai Lodge in Government vehicle. He had no impediment to say the same in the mahazar. He had noted about the raid in the Station House Diary.
21. He has further stated that he had seen Esteem Mall after the incident. He is aware that in front of Esteem Mall they have to go to Kodige Halli Police Station. He is not aware about the CCTV cameras in Thai Lodge. He has not stated about the number of floors and rooms of Thai Lodge in the mahazar. He had stated specifically as to where he 24 Spl.C.C.No.535/2016 had written the mahazar. He had not noted as to how many rooms were in Thai Lodge. He had not specifically stated as to who were there in each room. He had not noted about the number of tourists in that lodge at that time. He has to see the ledger as to who were there in which room. He formed six teams on that day, but he had not given money to all the teams, but he had given money only to his team. He had not noted in the complaint that the decoys called the car drivers and they have brought the girls near Esteem Mall, but he has written in the mahazar. He got information from the informants about this prostitution. He had also given information to Yeshwanthapura Police Station.
22. He has further stated that he had conducted raid in two rooms which was situated in the situated in the second floor of the lodge, but he does not remember the boundaries of those rooms. He admitted that there will be entry in the ledger about the particulars of the persons who book the room. He denied that as the names of the decoys 25 Spl.C.C.No.535/2016 were not mentioned in the ledger, he has not produced the same. He identified MO8 to MO10 which documents seized from the spot.
23. Cw.4-Yogesh examined as Pw.3 has stated that on 06-02-2012, J.C. Nagar police Inspector-Nagaraj called him at 07.30 p.m. When he went there, one Manjunath, Vinod Kumar, Vadivelu, Mani, Joshi, Shilpa Diwakar were in the Police Station. The Police Inspector told that Justice & Care an NGO have given information that one Pandith @ Raj Kumar and others have brought the girls from North India by saying that they are going to get the employment, but they have used those girls as prostitutes with the assistance of some lodge owners and requested them to be Panchas. They have agreed. Thereafter six teams were formed. He, one Manjunath, Vinod Kumar, Vadivelu, Mani, Joshi and Shilpa, Diwakar were formed one team. The Police Inspector had given Rs.1,000/- denomination notes, totally Rs.8,000/- to Manjunath, Vinod Kumar and Mani 26 Spl.C.C.No.535/2016 and told them to call Pandith and his team and to book the girls. Thereafter Manjunath called one Alok and he was the car driver-Muneer. They told to come near Esteem Mall and also the same thing happened with another decoy-Vinod. Vinod called Rishi and Raja Shekar and decoy-Mani called Raju and Uday.
24. He has further stated that they went near Esteem Mall, wherein Manju called Alok and Muneer. They came in Hyundai Santro car and given two girls to Manjunath and Manjunath paid them the amount and thereafter they told them to go to Thai Lodge at Yeshwanthapura and also told that the girls will take them. Thereafter himself, Manjunath and those two girls went to Thai Lodge. Manjunath had informed the police that he is going to Thai Lodge along with the girls. Thereafter they went to said lodge and Manjunath requested the Lodge Manager-Pranesh for two rooms. The Manager asked them and he told that they are from Pandith group and thereafter 27 Spl.C.C.No.535/2016 he had given two rooms in 2nd floor i.e., Room No.77 and
82. Thereafter Room boy-Basavaraju and Shekar came and enquired and thereafter they have closed the room. He was with one girl by name-Akki in Room No.82 and Manjunath was with one girl by name-Roopa in Room No.77. When there were inside the room, the police knocked the room and they opened the door and the police have conducted raid and seized condom and enquired the girl-Akki who told that one Pandith had brought her by telling that he is going to get employment and he had committed rape on her many times on her. Thereafter the police have enquired- Afsa, Sowmya, Seema and Sheikh Ruksana. At that time Mani, Joshi, Vadivelu, Vinod Kumar and police were there at the spot. The police have seized Rs.2,400/- which was given to the team of Manjunath and also seized the bill book, Electricity bill and Ledgers and they have also taken their signature. He identified the accused the articles seized, but he had little bit confusion in identifying Basavaraju and Shekar.
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25. During the course of cross-examination of the defense he has stated that he was employee in H.A.L. On 06-02-2012 he had no work in J.C. Nagar. There is no address or phone number given to J.C. Nagar Police Station and they have not issued notice, but he received phone call. He denied that Justice & Care-N.G.O. people taken him to the Police Station and obtained his signature on the mahazar. The Manager had sent him to Room No.82 along with the girl, but they have not given condoms. The police have not given money to him, but it was given to Decoy. The police have not taken his signature on the cover, wherein they have put the notes. In room No.77, Manjunath and a girl were there and Manjunath told that he had given Rs.2,400/- to the Manager. He is not aware as to what happened to the remaining amount. They went to Thai Lodge between 09.15 p.m., to 09.20 p.m. Manjunath had booked a room and they have taken his name and address. He had not given money to the lodge person, but Manjunath had paid the amount. They have 29 Spl.C.C.No.535/2016 given Room No.82 which was in the second floor. He and the girl followed the room boy and they entered the room at 09.30 p.m., and when they were staying in the room, the police have knocked the door and thereafter they raided. There after they have taken the condom packet which was on the bed.
26. Cw.6-Vinod Kumar examined as Pw.4 has stated that he is aware of Police Inspector-Nagaraj and he was called in 2012 to J.C. Nagar Police Station between 05.30 p.m., to 06.00 p.m. He told the information that one Pandith and team have brought girls from North India for prostitution and they have to conduct raid and he requested him to be Panch and Decoy and he has consented and at that time A.C.P. was also there and along with him one Yogesh, Mani, Manjunath, Vadivelu and Joshi were there. The Inspector had given 8 notes of Rs.1,000/- each by marking and the ACP had given phone number and told to call that number and they are going to 30 Spl.C.C.No.535/2016 send the girls. He called to that number and they told him to come near Esteem Mall.
27. He has further stated that he went in an auto to Esteem Mall and thereafter they came in Santro car No.8387. There were three girls in the said car, and along with them one Rishi and Raja Shekar were there. They have selected two girls and Rishi and Raja Shekar have taken Rs.3,000/- each from them. Those two girls came out of the car and Rishi told them to go to Thai Lodge and tell them that Pandith had sent them and they will give room for them.
28. He has further stated that thereafter they went to Thai Lodge, but the Manager was talking with some body and the room boys told them to wait. There he found Yogesh and Manjunath with other two girls. The Manager had sent Yogesh and Manager to different rooms along with girls. After they went to the rooms, the police have suddenly entered the room and found that Manjunath was 31 Spl.C.C.No.535/2016 with one girl and Yogesh was with one girl-Akki and the police have taken them to the custody and enquired. They have seized the Ledger book, bill book, electricity bill and Rs.2,400/- and he signed the mahazar. The police have taken the Manager and the room boys, girls, Yogesh and Manjunath. He identified MO1. He identified the accused- Rishi. In that car one Rishi, Raja Shekar and a girl by name Kajol Das was there. The police have seized totally Rs.5,000/- which is given in A.C.P. Office. Rishi was having one Samsung and one Nokia mobile and Raja Shekar was having one Nokia Mobile. The police have taken them to custody. He identified MO2 to MO6.
29. During the course of cross-examination of the defense he has stated that he is the permanent resident of Bangalore and his house comes within Chamaraj Pet Police Station limits. He did not participate as decoy or Panch in any of the case prior to this case. He is doing flower decoration. He is not having any case. He is not aware as 32 Spl.C.C.No.535/2016 to who has given his phone number to the police. The police have not given any notice or not called him personally. He signed in the lodge and not in the Police Station. He had given Rs.2,000/- back to the Police Inspector. The police had not given any information to go to Thai Lodge. He denied that the police have typed the mahazar in the station and taken his signature and they have not been to any other place. He is aware of Mani and Yogesh and not aware of other persons. He cannot say as to who and what amount was given on that day. His signature was not taken on the amount given. They left the office at 08.30 p.m. They went in an auto, but he does not remember its number. He does not remember the phone number to which he called on that day. He does not say as to at what time they went near Esteem Mall. He cannot say the distance between Esteem Mall and the Thai Lodge. They went there at 09.30 p.m. Rishi told to give Rs.150/- to the auto. When they came near Esteem Mall, himself and Vadivelu were there. He is not aware of the particulars of 33 Spl.C.C.No.535/2016 the car. The police have come to the spot at the same time. He had given an amount of Rs.6,000/- to Rishi and he told the same to the police.
30. Himself and Vadivelu and two girls went in the same auto to Thai Lodge and requested for a room. But he cannot identify the room boy. He did not observe other persons in the lodge. But he saw Mani, Joshi and two girls there.
31. Cw.7-Mani examined as Pw.5 has stated that on 06-02-2012 Police Inspector-Nagaraj called him to J.C. Nagar Police Station. In that team himself, Vinod, Yogesh, Manjunath and Shilpa were there. A.C.P-Muni Rathnam told a gang has brought girls from North India side and were running prostitution and they have to conduct raid and requested to co-operate, but he did not tell their names. He had given some mobile numbers and Rs.1000/- denomination 8 notes, totally Rs.8,000/- to him. Including himself, Yogesh and Vinod three teams were formed. 34 Spl.C.C.No.535/2016 Thereafter they called to that number and told they want girls. They told to come near Esteem Mall. Thereafter in one Green colour Santro car Raju and Uday came there and four girls were in that car and they gave two girls to them and thereafter they told them to go to Thai Lodge at Yeshwanthapura.
32. He has further stated that he, Joshi and two girls went to Thai Lodge. Joshi had informed the police that he is going to Thai Lodge along with the girls. Thereafter they went to said lodge and at that time Yogesh and Manjunath were there in the lodge room with one girl each. He was requesting the Lodge Manager-Pranesh for room, at that time the police came there and raided. The police have seized electricity bill, Ledgers and condoms and drawn mahazar and they have also taken his signature. They have seized Rs.2,400/- kept in the cup board of Manager He identified the accused the articles seized, but he had little bit confusion in identifying Basavaraju and Shekar and he 35 Spl.C.C.No.535/2016 identified the amount. The police have taken the Pranesh, room boys-Basavaraju and Shekar to the Police Station. He was unable to identify the room boys, but identified one Raju. According to him the persons who were running the prostitution are Pandith, Akram, Aslam, Sunil and Kusu @ Dada.
33. During the course of cross-examination of the defense he has stated that he did not received any phone call from the police, but received from Justice & Care. ACP told him to be a decoy and Panch witness. On that day he went to the Police Station at 07.30 p.m. Earlier to that police and other were in the Police Station. They conducted personal search, but there was no writing to that effect. When they reached Esteem Mall it was 08.00 p.m. He and Panch witness-Joshi went near Esteem Mall. After their work they called the police and the police came to the lodge. They went along with two girls to the Thai Lodge, but they did not introduce to them. In room No.87 Yogesh 36 Spl.C.C.No.535/2016 and one girl and in Room No.83 Manjunath and one girl were there. He did not go inside the room, but standing near reception. The police have seized the condoms.
34. Manjunath and Yogesh have given Rs.1,000/- each to the person in lodge. They went directly to the Esteem Mall in an auto which was called by Joshi and he paid Rs.100/- to the auto. The police have given some amount for their expenses. They went to Thai Lodge in another auto and paid Rs.200/-. It was 09.30 p.m., when they reached Thai Lodge which is situated behind the railway station. There are shops besides Thai Lodge.
35. He had seen the Police Inspector-Nagaraj who called to his office. No notice was given to him. He cannot say the phone number to which he called. He called to one Raju between 07.30 p.m., to 08.00 p.m. There were four girls in the car, but he cannot say their names. The mahazar was prepared at Thai Lodge.
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36. Cw.10-Sumi Aktar examined as Pw.6 has stated that she came to Bangalore from Bangla Desh in the year 2012. Earlier she was working in a Sweater Company at Bangla Desh. She knows one Summi and her husband was working in Bangalore. Summi talked to her parents and brought her to Bangalore with the consent of her parents. Then they came from Bangla Desh to Bennapur and the husband of Summi came to the border and stayed for three days. Thereafter she, Summi and her sister and three girls were in one room for three days and thereafter Laltoo had brought a car and took all the six to Howrah and then through train he brought them to Bangalore and took them to his house.
37. She has further stated that when they were in the house of Laltoo, he told that one person came there and they have to talk to him and he told his name as Dada and Dada is one Pandith. When she deeply enquired Laltoo told that Pandith is having a ring and with it he will know when 38 Spl.C.C.No.535/2016 the police will come and hence no body can arrest him. On that day Pandith came and he told to send the girls immediately. One Josna was in the house of Laltoo requested him to send her back to Bangla Desh, but he told that Pandith had given money and brought them from Bangla Desh and if they did not go to work, they will inform to the police they are from Bangla Desh and they are going to sell to somebody and also they will make that they should not be available to their parents. He sent Nargis, Josna and another girl in a car. According to her duty means to sleep with others, to which they requested that, they will not do the work. One car driver and another person will take to the customers who will be there. Thereafter Laltoo prepared Rani, Summi and this witness to go in a car and she refused, but they assaulted and threatened and hence she went in the car. That car stopped near shopping Mall. Two customers came and selected them and paid the money.
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38. She has further stated that whenever she refused to go for work, he used to assault her and thereafter she used to go for work. They worked for 12 days. One Manager on behalf of Pandith used to come to take money and they used to keep them in a room and one person will be watching them. Like wise every day they will be taken in a car and on that day also they have taken them in the car and left with the customer, the customer took them to the hotel and she is not aware of the hotel and at that time the police came and rescued her. She identified the accused-Pandith and other accused i.e., Kamalesh Yadav and the driver Uday and the person who was looking after them was Aslam. She had given Calcutta address because Pandith told that if police arrest her and if she belongs to Bangla Desh, it is not possible to release her from the custody of the police and he told her to give Calcutta address. Now she is residing in the State Home in Bangalore.
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39. During the course of cross-examination of the defense she has denied that she came to Bangalore on 07- 02-2012. She is not marred. She did not contact her parents. She was getting Rs.4,000/- to Rs.5,000/- per month as salary in the Sweater Company at Bangla Desh. Her father was a auto driver. Summi is not her relative. She was aware of Summi about a month back. She did not show the house of Summi and Laltoo to the police. She cannot say the name of other two accused. She admitted that she had given the address of Bangla Desh in the Writ petition filed before Hon'ble High Court of Karnataka. But she has given the Calcutta address to Police. She denied that she was in Bombay and doing bad work. She was working in a company at Bangla Desh by name Malty. There was a Koli Farm near the house wherein she was kept. The accused-Pandith was sending them in a car and the car was waiting till their arrival. Hence, there was no occasion for them to talk to any body.
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40. Cw.15-S.Kuppaswamy-H.C.3639 examined as Pw.7 has stated that on 06-02-2012 at 07.30 p.m., the Police Inspector called Vadivelu, Vinod, Mani, Manjunath, Yogesh, Joshi, Shilpa, Sugandi to the Police Station and stated about the information which was received from Justice & Care that one Pandith @ Raj Kumar Mishra, Aslam, Akram, Kusu @ Dada have trafficked girls from North India to Bangalore and in contact with the lodge Owners, Managers and other employees and also with the help of Pimp were running the prostitution and he told that the raid has to be conducted and requested them to be Panch witness. Even they have called the police from other Police Stations and he formed six teams headed by Inspector-M.Nagaraj, himself, H.C.Hanumantharayappa, Police Constable-Nataraj, W.P.C-Hemavathi and decoy- Mani, Vadivelu, Manjunath, Vinod, Yogesh and Joshi became members of one team and they have given Rs.8,000/- to each team. He also instructed to call one particular phone number which was given to the decoy and 42 Spl.C.C.No.535/2016 when the decoy called to that number they told to come to a particular place. Those decoys left the Police Station and after some time they went to Thai Lodge along with the Inspector. He also observed. Four persons from the team were standing outside the lodge and thereafter they entered into the lodge, they found four girls near the reception and on enquiry they told their names as Afsa, Sowmya, Seema and Ruksana. When the Inspector asked them they told that Pandith had brought them by and also he committed rape on her several times. When the Inspector came near the table and on verification he found the notes given to decoy which is Rs.2,400/- and identified MO1 to MO7. He identified accused-Basavaraju and Shekar.
41. During the course of cross-examination of the defense, he has stated that he was in the Police Station from 08.30 a.m. The Inspector requested him orally to co- operate him. When the decoys left the Police Station, he was there in the station and directly they came to Thai 43 Spl.C.C.No.535/2016 Lodge. He went to Room No.77 and found condoms were on the bed. They went from J.C. Nagar Police Station to conduct raid. He does not remember the type and number of the vehicle in which they went. The decoys and Panch witnesses left the Police Station earlier. The Inspector had given money to the decoy. He is not aware about any mark made on the notes before giving to the decoys. They left the Police Station at 08.30 p.m., and came to Thai Lodge between 08.55 p.m., to 09.00 p.m. They were watching from a distance. He had been to the room of Thai Lodge, but he is not aware of the measurement of the room of the lodge. There was C.C.T.V. Camera in Thai Lodge. They left Thai Lodge at 10.00 p.m., and went to Kodige Halli Police Station which is at a distance of half-an-hour to 45 minutes distance. He was not aware of the SHO when they went to Kodige Halli Police Station. He had not been in the uniform to the raid.
42. Cw.20-Vandana Nadiga Nair examined as Pw.8 44 Spl.C.C.No.535/2016 has stated that on 06-02-2012 the Police Inspector called her at 04.30 p.m., by telling that they have rescue women from prostitution and he called her to be a woman Panch witness and she agreed. She was told to reach the Police Station at 07.30 p.m., and at that time the Inspector- Nagaraj introduced her to A.C.P. There were NGO people and public at the spot. One Manjunath, Mani, Vadivelu, Vinod, Siguran and Shilpa were at the spot and she is not aware of other persons. The A.C.P., told that some persons were bringing the woman from North India and used to send them to prostitution and those persons are Pandith, Kusu Dada, Yadav, Akram, Aslam and Sunil and he told that they want to conduct a raid and she agreed. Thereafter they were giving Rs.1,000/- notes and they have written the numbers and told her to tally.
43. She has further stated that they formed six times, wherein three decoys will be there by name Manjunath, Vinod and Mani and they have given 45 Spl.C.C.No.535/2016 Rs.8,000/- each to all the three and left with the Panch witnesses. In her group, Nagaraj, Siguran and woman staffs were there. They left the Police Station and stopped near parking of the lodge for one hour. They received between 10.30 p.m., to 11.00 p.m., from Vinod and Vadivelu and they told that near Esteem Mall, Coffee Day they were requesting to come. They also told that one blue Santro Car will come and it came at 11.45 p.m. By looking at them the car went with speed and thereafter it was stopped. The driver in the car was one Raja Shekar and another name is Rishi and the girl is Kajol Das. They have seized one Nokia mobile and Rs.2,000/- from the driver and Rs.3,000/- and Samsung Mobile and Nokia Mobile and they found one note book consisting of names of girls were noted and also the amount. When the Inspector enquired Kajol told that they have to give account to Pandith about the amount received from the customers and she was one of the woman involved in the rocket. Thereafter they went to Kodige Halli Police Station, wherein the mahazar was 46 Spl.C.C.No.535/2016 prepared and she signed the mahazar. She identified MO1 to MO7.
44. During the course of cross-examination of the defense she has stated that she received phone call between 04.00 p.m., to 05.30 p.m., on the same day by the Inspector-Nagaraj. The police did not issue any notice. She is running consultancy between 08.00 a.m., to 06.00 p.m. She was in the office when she received the phone and she intimated the same to her husband. She denied that her house is situated at Chamaraj Pet. She went to J.C. Nagar Police Station at 07.30 p.m. She is not aware of Justice & Care N.G.O. There was no personal search conducted to her. Upto 08.45 a.m., Vadivelu and Vinod were in the Police Station. She has denied that she has not given in writing. She denied that she has not given any statement in the Police Station. The mahazar was prepared at the spot, where the car was parked. She admitted that it is difficult to identify the vehicles during night times. 47 Spl.C.C.No.535/2016
45. Cw.21-Siguran examined as Pw.9 has stated that on 06-02-2012 he had been to J.C. Nagar Police Station, wherein Inspector-Nagaraj, Panchas and decoys, Vinod, Manjunath, Mani, Vadivelu, Yogesh, Joshi, Vandana Nadiga Nair, Shilpa and another Vandana were there. At 07.30 p.m., A.C.P. called and told that they got information from Justice & Care that one Pandith @ Raj Kumar Mishra, Akram, Aslam, Kusu Dada, Sunil and others have trafficked some girls from North India and using them for prostitution and also he has stated that they want to conduct a raid and requested them to co-operate. Inspector Nagaraj gave Rs.1,000/- denomination 3 notes and Rs.8,000/-each to Vinod, Manjunath and Mani and told them to be decoys. They have formed three teams with one male Panch. He also told them to give information about the lodge to which they are taking the girls. The police formed six teams including the officials. In his team R.T. Nagar Police Station-Sub-Inspector-Nagaraj W.P.C., P.C., and other police officials and Vandana Nadiga Nair 48 Spl.C.C.No.535/2016 were there in his team. After receiving the information from the decoys, they left the Police Station. At 10.30 p.m., one Vinod called their team and told that Santro Car bearing No.KA-51-N-8387 is coming from Esteem Mall towards Hebbal. Thereafter they went to the spot and near Coffee Day the Police Sub-Inspector and other police have stopped that car and enquired the driver who told his name as Rajashekar and seized one Nokia mobile and two notes of Rs.1,000/- denomination from him. Another person who was in the car was Rishi and from him one Nokia Mobile and one Samsung Mobile 3 notes of Rs.1,000/- were seized. The woman Police Inspector enquired the lady who was in the car and she told her name as Kajol, she is from West Bengal and Pandith @ Raj Kumar Mishra has brought her and she was used for prostitution. They have prepared the mahazar at the spot and taken his signature. He identifies those objects at MO2 to MO6. He identified accused-Pandith and Aslam. Even according to him, R.T. Nagar police have registered a case against them on the 49 Spl.C.C.No.535/2016 information given by them.
46. During the course of cross-examination of the defense he has admitted that there is net work between their institution and the police. He has admitted that they have not given any formation about the prostitution to Halasoor Police Stations, not given any complaint. Himself and Sugandi went to the J.C. Nagar Police Station and stayed for 3 hours there. The Sub-Inspectors of other Police Stations also came there. They got information about the prostitution one week prior to the incident and he informed the same to the D.C.P. They have not intimated the same to Halasoor Police Station. They were sitting in the car at a distance of 200 meters and it was a Bolero car. No public have signed the mahazar. He admitted that he has not stated before the police that he knows the Pandith against whom a case is registered and he can identify him.
47. Cw.23-Vinay-P.C.No.10397 examined as Pw.10 has stated that on 06-02-2012 P.S.I.-Nagaraj called him to 50 Spl.C.C.No.535/2016 J.C. Nagar Police Station and from there as per the information given by A.C.P. Muni Nathan Naidu and Inspector-Nagaraj, that Justice & Care NGO got information that there was prostitution in Bangalore by using the minor girls and one Pandith @ Raj Kumar Mishra was the main person behind it and he used to contact the customers over mobile phone and he is earning money from them. One Vinod Kumar was the decoy and one Vadivelu, Vandana Nadiga Nair and H.A.R. Siguran, W.A.S.I. Rajamma, himself, Prabhakar Reddy, Suresh and Srinivas were in the team. Inspector-Nagaraj formed six teams and deputed decoys and Panch witnesses and told to conduct raid after receipt of the information. At 10.30 p.m., the complainant got information and he informed to Inspector. They got the information that the associates of Pandith by name Raja Shekar were coming in Santro car with the victims near Esteem Mall towards Mekri Circle and thereafter Nagaraju, decoys, Panch witnesses were waiting near Coffee Day and the car bearing No.KA-51-N-8387 and 51 Spl.C.C.No.535/2016 conducted raid on the bar. When they enquired he told his name as Raja Shekar having one mobile and Rs.1,000/- and Suresh and Srinivas have arrested and received and they were having Nokia mobile and Samsung mobile and Rs.1,000/-. The lady in the car was one Kajol Das and they have arrested her. He identified the articles and the accused-Rishi and Raja Shekar.
48. During the course of cross-examination of the defense, he has stated that they went in Mahindra Jeep. He is not a witness to the mahazar. P.S.I., himself called to come to J.C. Nagar Police Station. He had given statement on 17-02-2012. The mobile was recovered, but he had not shown the number.
49. Cw.28-Dr.Bheemappa S.Hugar examined as Pw.11 has stated that he examined one Kumari. Akki as requested by Police Inspector, Kodige Halli Police Station on 07-02-2012 and found that she was aged between 19 to 20 years and she is used to an act like that of sexual 52 Spl.C.C.No.535/2016 intercourse. The victim did not say as to who had sexual intercourse with her. They have taken the clothes and handed over to the police. He identified MO11 to MO14.
50. Cw.29-Nanjappa-H.C.4975 examined as Pw.12 has stated that on 25-04-2012 he was deputed to collect the articles from M.S.Ramaiah Hospital. He is not aware of the contents in it.
51. Cw.32-Smt.Meenakshi-W.P.C.8283 examined as Pw.13 has stated that on 07-03-2012 she brought the victims-Seema and Kajol Das from State Home and taken them to Dr.Ambedkar Medical College for medical examination and after examining they have taken them to Remand Home. She has taken them in Hoysala Jeep.
52. Cw.34-Annapoorna, W.A.S.I., examined as Pw.14 has stated that on 07-02-2012 she has taken one Rubina and Akki to M.S.Ramaiah Hospital for medical examination and brought them back and sent to Remand Home. 53 Spl.C.C.No.535/2016
53. Cw.19-Nagaraj.R-P.S.I., examined as Pw.15 has stated that on 06-02-2012 A.C.P. stated that there was credible information and he was called to J.C. Nagar Police Station. On that day himself, W.A.S.I-Rajamma, Police Constable., Vinay, Suresh and Prabhakar Reddy went to J.C. Nagar Police Station at 05.00 p.m., At that time the Police Inspector-Nagaraj and A.C.P., were present and the other police officials were also present from different Police Station along with N.G.O. The A.C.P. told that Pandith @ Raj Kumar Mishra, Akram, Aslam, Kusu Dada and others have brought women from North India and they are running the prostitution and they are gaining illegal money by prostituting them. The Justice & Care institution had information and they told to conduct a raid. The teams were formed and in his team one Siguran, Vinod Kumar- who was decoy and Panch witnesses-Vandana Nadiga Nair, himself and W.A.S.I. Rajamma, Vinay, Suresh, Srinivas and Prabhakar Reddy were there.
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54. After receiving the information they left the Police Station at 10.30 p.m., they got message from Siguran that near Esteem Mall one girl and two men were brought in a car and after receiving the message they went near Coffee Day shop on Bellary Road. At 10.45 p.m., from Yelahanka side a Santro car bearing No.KA-51-N-8387 came from Yelahanka towards Mekri Circle and they stopped the car. Vinay and Prabhakar Reddy caught hold of the driver whose name is Rajashekar and another person is caught hold by Suresh and Srinivas, whose name is Rishi and W.A.S.I-Rajamma brought a lady who told her name as Kajol Das and she was brought by Pandith @ Raj Kumar Mishra from West Bengal to do prostitution. At that time Panch-Vadivelu came to the spot. On search Rajashekar ws having one Nokia Mobile and two notes of Rs.1,000/- and Rishi was having one Nokia and another Samsung Mobile and three notes of Rs.1,000/-. He seized the same and conducted mahazar. Thereafter he produced them before Kodige Halli Police Station. He identified the articles. 55 Spl.C.C.No.535/2016 He was not given any notice. There is no recital as to at what time the car was stopped and the accused were arrested in the mahazar. On that day Siguran did not received any information at 07.15 p.m. He has not mentioned the model and IMV number of the mobile.
55. Cw.35-Vinod Kumar-Police Inspector, examined as Pw.16 has stated that on 06-02-2012 at 11.00 p.m., the Police Inspector-J.C. Nagar came to Kodige Halli Police Station and given report and he registered the same and submitted F.I.R., to the Court. He produced six victim girls and three accused persons and the properties seized along with the mahazar. He has produced the documents and the material objects. After clearing of the formalities the accused were taken to custody. On 07-02-2012 at 01.00 p.m., Nagaraju came to the Police Station along with one girl and two accused by name-Rishi and Raja Shekar along with the report, Panchanama and Samsung mobile and Rs.5,000/- cash and three mobiles and he subjected them 56 Spl.C.C.No.535/2016 to P.F. He identified all the articles. The victims were in the Police Station along with the W.P.S.I. He recorded the statement of the witnesses-Vadivelu, Joshi, Sika, Yogesh, Manjunath, Vinod Kumar, Mani, Shilpa Diwakar, Vandana Nadiga and Siguran. He also recorded the statement of Kuppuswamy, Hanumantharyappa, Hemalatha, Rajamma, Vinay, Suresh, Prabhakar Reddy, Nataraj, Srinivas and Meenakshi. He sent victim-Akki for medical examination to M.S. Ramaiah Hospital. On the same day he produced accused-Pranesh, Basavaraju, Rishi and Rajashekar before ACMM Court. On 14-03-0212 P.S.I. Jagadish and staff secured Aslam Pasha and Sunil Mishra and they were produced before the ACMM Court. He identified MO11 to MO14.
56. During the course of cross-examination of the defense he has admitted that Summi Akthar ha snot given any statement, but Sowmya has given statement. He did not visit the house of Summi and Laltoo. He has admitted 57 Spl.C.C.No.535/2016 that Sowmya has not stated before him that when she was in the house of Laltoo, Pandith was visiting the said house. Omissions are suggested to this witness.
57. Cw.30-Dr.B.M.Nagarju examined as Pw.17 has stated that he had examined the accused-Raj Kumar Mishra on 22-07-2012 as requested and stated that there is nothing to suggest that he was incapable of doing sexual intercourse.
58. Cw.31-S.K.Karthik examined as Pw.18 has stated that one Kajol Das was examined on 07-03-2012 as requested by the Investigation Officer and she was aged between 26 years, but there are no signs of sexual intercourse within a period of four days.
59. Cw.30-Dr.B.M.Nagaraj examined as Pw.17 has stated that he had examined the accused-Raj Kumar Mishra on 22-07-2012 as per the request of Police Inspector-Kodige Halli and stated that there is nothing to 58 Spl.C.C.No.535/2016 suggest that he was incapable of doing sexual intercourse.
60. Cw.31-S.K.Karthik examined as Pw.18 has stated that he had examined one Kajol Das on 07-03-2012 as per the request of Police Inspector-Kodige Halli Police Station and found that she was aged 26 years, but there were no signs of sexual intercourse within a period of four days.
61. Cw.14-Akki examined as Pw.19 has stated that she is from Bangla Desh and she is married prior to coming to Bangalore. She studied in Bengali upto 5th standard. One Ruhul Ameen had brought her from Bangla to Bangalore in 2012. One Pandith who was residing in Calcutta had told that he will get appointment in Bangalore. One Laltoo brought her from her place and handed over to Pandith in Calcutta and he brought her in a train to Bangalore. She identified accused No.1 as Pandith. That Pandith had taken her to a room in Amrutha Halli and there were other girls in that room. He did not get her any 59 Spl.C.C.No.535/2016 appointment in Bangalore.
62. She has further stated that she came in January month and police rescued her in February. When she was in the room she was taken a hotel during night times and he used to tell her to sleep with some other persons and they used to have forcible sexual intercourse with her and once again she will be left to the room. Every day different persons used to take her from the room to the hotel. She is aware of Alok and his friend, but she does not remember the names of other persons. She identified Aslam, Rishi, Uday and Kamalesh Yadav. She identified another person who used to driver the vehicle. He used to tell that he is security and she identified him as Pranesh. She stated that other four persons used to watch them and they were not allowing them to go out. According to her still some more persons were there who were watching them. If they refused to go out, they used to assault them. 60 Spl.C.C.No.535/2016
63. She has further stated that even the other girls who were brought like that and they were also used for the same work. She has stated their names as Sonia, Latonia, Summi, Pooja, Kareena and they were also sent to that work to Hebbal, Esteem Mall, Majestic and other places. They will be sent only if they are selected by the customers. They used to take them to the hotel and commit rape and if they refuse, they used to assault them. When she was in the Hotel, wearing Nighty with the other person, she was arrested by the police and they kept them in custody till 09.00p.m., to 10.30 p.m., and there after they were taken to Police Station. The Doctor examined them. Pandith used to commit rape on Kareena. She was taken to Calcutta and kept in residential center for 11 moths. They were not giving money and they were not giving proper food and they were not allowing them to speak with their parents. If she refused to do the work, they used to tell that they are going to kill her husband. Even during monthly period, they will be sent to work.
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64. During the course of cross-examination of the defense, she has stated that she was born on 15-08-1997 in Niharpur. Accused No.1 is not her relative and he is not family friend and they have not met at Bangla Desh. But one Ruhul Ameen had brought her from Bangla Desh to Calcutta. She did not tell to police that Laltoo had handed over her to Pandith in Calcutta. According her, her husband was in the custody of the accused. She had fear and she did not tell before the police. Her marriage was performed in 2009, she had given birth to a baby in 2011, but it is no more. She denied that her husband had brought her to Bangalore, but she, her husband and Pandith all the three came to Bangalore. But Pandith had sent her husband to some other place. He was kept in another room and he was not going for work. She did not tell to the police that her husband was kept under lock in a different room. She was 15 years in 2012. She did not tell before the police that she was from Bangla Desh when she had given statement. She told false name of the father. 62 Spl.C.C.No.535/2016 They are not having any legal records to come to India from Bangla Desh. She admitted that like her, she came to India for work from Bangla Desh. They stayed for one night in Calcutta. Her husband went to Bangla Desh after one month of her arrest. She had not given complaint against accused regarding unlawful detention of her husband. Her husband had not given any application to get her released.
65. The documents relied upon by the prosecution are Ex.P1 is the spot mahazar, Ex.P2 is the seizure mahazar, Ex.P3 is the complaint, Ex.P4 are the photos, Ex.P5 is the medical report of Pw.19, Ex.P6 is the report of Pw.12, Ex.P7 is the report of Pw.15, Ex.P8 is the F.I.R., Ex.P9 is the medical report of Seema, Ex.P10 is the medical report of Kajol Das and Ex.P11 is the statement of Pw.19.
66. In this case the allegation of the prosecution is that the different accused have played different roles in this case. The main allegation is that all the accused are involved in the commission of the crime and bringing the 63 Spl.C.C.No.535/2016 victims from Bangla Desh for the prostitution purpose. It is contended that on the information received by A.C.P.- Muni Rathnam Naidu from N.G.O-Justice & Care that one Pandith @ Raj Kumar Mishra with some other persons is trafficking the minor girls from North India by saying that he will get money and making them to be the victims of prostitution. On confirmation of this information, one Nagaraju-Police Inspector along with the N.G.O., and other police officials have formed teams on 06-02-2012 and taken the assistance of Public in conducting this raid, had appointed decoys-Manjunath, Mani and Vinod and made separate teams which consists of Panch witnesses, the N.G.O. people and the police and by paying Rs.8,000/- to each decoy given phone numbers of those persons who were doing this prostitution.
67. Thereafter when the decoys called to different mobiles they got information that if they go near Esteem Mall, they will provide the girls to which these decoys went 64 Spl.C.C.No.535/2016 near Esteem Mall and in the three Santro cars, the accused i.e., one Alok and driver-Muneer came in vehicle No.KA-04- Z-1787 and contacted decoy-Manjunath and one Rishi and Rajashekar came in another Santro car No. KA-51-N-8387 and met decoy-Vinod and one Raju and Uday came in Santro Car No.8837 came and contacted Mani on their call that they want girls for prostitution and all the three decoys went to Esteem Mall along with the Panch witnesses in three different autos. Further this Inspector intimated this Panch witnesses to follow those vehicles and informed about the places where they are going to take them.
68. Thereafter on receiving the information from decoy, the raid was conducted in Thai Lodge of Yeshwanthapura Circle. In the entrance there were four girls who were near the reception who told their names as Afsa, Sowmya, Seema and Ruksana and on enquiry they told that the accused No.1 had brought them for prostitution and he sent them in the car. Thereafter they 65 Spl.C.C.No.535/2016 went to second floor and knocked Room No.77, wherein decoy-Manjunath was found with one girl by name-Pooja and when they knocked the Room No.82 they found decoy- Yogesh with one Akki and thereafter they have seized the condoms, the amount which they have given to the decoys. Thereafter the mahazar was prepared at the lodge and they have arrested one Pranesh, Manager of the lodge and Basavaraju and Shekar who were the room boys assisting in the prostitution.
69. In this case the accused No.1 is the main person who is responsible for this rocket. The main allegation against this accused No.1 is that he brought the victim from different countries and used them for prostitution. The allegation of this complainant is that one Uday, Akram, Aslam Pasha, Sunil Mishra and Kusu @ Dada i.e., accused No.2 to 6 have involved in the rocket along with the accused No.1. This is the information which the Police Inspector got. However these accused were not arrested by 66 Spl.C.C.No.535/2016 the Police in any where near the place of the incident nor at the time of the raid.
70. In this case the person come into picture while conducting the raid are this accused-Rishi and Rajashekar who are accused No.8 and 9 who came in one Car and Raju and Uday came in another car and Alok and Muneer came in another car. However accused No.7 and 10 are absconding and the accused No.12 is the Manger of the lodge and accused No.13 and 14 are the room boys of the Thai Lodge.
71. The main allegation is against accused No.1 to 6. But as against the accused No.6, the case against him is split up. Hence, the Court has to look into the materials against accused No.1 to 5 with respect to human trafficking. With respect to accused No.8, 9 and 11 their involvement in bringing the girls for prostitution and accused No.12 to 14 their involvement is with respect to assistance to prostitution rocket as they are working in 67 Spl.C.C.No.535/2016 Thai Lodge. The main allegation is against accused No.1 to 5, who used to bring the girls for prostitution and accused No.8, 9 and 11 and others used to bring the girls in the car, so that the customers can select the girls for the prostitution and accused No.12 is the Manager of the Lodge to look after that the prostitution has to run by providing room and accused No.13 and 14 who being the room boys in the said lodge used to assist the prostitution.
72. In this case at the time of the lodge only accused No.12 to 14 were secured by the police. Thereafter when the decoys called to the mobile of accused No.8, 9 and 11, they came in Santro Cars along with the girls and at that time also the raid was conducted and they were arrested. In this case the accused No.1 to 5 never came into picture directly. Their involvement is indirect because they were suppliers of the girls. The main allegation is against accused No.1. According to the prosecution, on his instructions the entire trafficking was going on. This 68 Spl.C.C.No.535/2016 prostitution was running in a different way, because when the persons contact the phone numbers, they will tell the places, where they are able to come and the customers has to select the girls and thereafter they will be taken to some lodge which indirectly connected with this rocket.
73. With respect to the raid on the lodge and also on the cars, the witnesses examined are Pw.1, who is an independent witness and is the auto driver, but he is a Panch witness. He had specifically stated that one Vinod, who was decoy called to the Pandith group and they told him to come near Esteem Mall and himself and Vinod went near Esteem Mall and in a car there were four girls came and they selected two girls and thereafter those girls told them to come near Thai Lodge and they went in an auto. This witness has stated that the persons in another team have also come to Thai Lodge along with the girl, but already one more team was in the Thai Lodge. Thereafter they have given intimation to the police and the police have 69 Spl.C.C.No.535/2016 conducted the raid.
74. In this case the witness has stated that the police have prepared mahazar and he identified the workers of Thai Lodge. Once again he participated in another raid conducted at Esteem Mall between 10.00 p.m., to 11.00 p.m., wherein one car came and a girl and the driver and another boy were there in the said car and that girl told her name as Das and the persons who were present in the care are Rishi and Rajashekar. But he had not properly identified the said Rajashekar.
75. In this case he has specifically stated that one Nagaraj called him from the Police Station, but he was not having any special work in the Police Station. They have reached Thai Lodge between 09.00 p.m., to 09.30 p.m. The police came there. He did not go near the room. He and Vinod went in one auto to Esteem Mall, they waited near Esteem Mall for about one to one-an-hours. He has stated that there were three girls and two boys in the car. He has 70 Spl.C.C.No.535/2016 specifically stated that Vinod went near the car and he did not go near the car, so he cannot identify those persons. He is not aware of the contents of the mahazar. He did not go inside the room and he did not book any room in that lodge, but he was near the reception.
76. To substantiate this contention, A.C.P. is examined as Pw.2, who had information and he on the instructions of A.C.P. Muni Rathnam Naidu had called the decoys, Panch witnesses and given the information and he appointed-Manjunath, Vinod and Mani as decoys and he made separate teams and sent them as a part of raid. He had given Rs.8,000/- each to decoys and also instructed those decoys to call the persons from the network of Pandith and tell them that they want girls for prostitution and they instructed to come near Esteem Mall. He was in the Police Station. He instructed them to be in the network. However as they were aware that those girls will take them to Thai Lodge, they were waiting near Thai Lodge. When 71 Spl.C.C.No.535/2016 they came near Thai Lodge, Mani, Vinod, Joshi and other Panch witnesses and decoys were there. Thereafter he went to Room No.77 and 82, wherein those decoys were there with the girls. Thereafter when he enquired, one Akki told that Pandith @ Raj Kumar Mishra had committed rape on her several times.
77. He is the complainant in this case. He has arrested the Lodge Manager and room boys. In this case it is pertinent to note that this witness has not been to Esteem Mall, but the amount was given by the decoys to the accused near Esteem Mall. According to him in his presence none of the victims were handed over to the decoys, but they went directly to the lodge and waiting for the decoys and the victims to come over there. He has not stated in the complaint as to which decoy was with which victim in the particular room. It is pertinent to note that two different condoms were seized in two different rooms, but both the condoms are kept together before the Court. 72 Spl.C.C.No.535/2016 Further it is pertinent to note that though there was CCTV camera in the lodge, but it was not seized. It is also pertinent to note that the amount belongs to him and he had paid that amount and he had taken back some amount. In this case the decoys were not called in his presence. The decoys did not instruct him to come near Esteem Mall, but they went to Thai Lodge. He went near Esteem Mall after completion of the raid. There is a distance of 3 to 4 Kms from the Thai Lodge and Esteem Mall. He has not seized the CCTV camera. Further it is pertinent to note that he had not written as to in which floor the raid was conducted and what was the timings and how many rooms were there in that lodge and who are all arrested from each room and how many tourist were there in the lodge. In this case the cash book, ledger and bills are produced subsequently.
78. Pw.3 is an independent witness who also stated that Justice & Care-NGOs have given information about 73 Spl.C.C.No.535/2016 the prostitution and the police called him to the Police Station and requested him to be the Panch witness. He also stated the same version like that of other witnesses. He along with one Manjunath-Decoy went near Esteem Mall and Manjunath called to Alok and Muneer who came in Santro car and handed over two girls to Manjunath and Manjunath had given money to them and thereafter they went to Thai Lodge. He also stated that when they informed that they belonged to Pandith side, they have allotted Room No.77 and 82 and the Room boys-Basavaraju and Shekar came and enquired and they told that they did not require anything. In this case when they were talking with the girls, immediately the police came and conducted raid and enquired Akki, who told that Pandith had committed rape on her. He also stated about four other girls. He is employee in H.A.L and he has not given any phone number or address to the Police Station and the police have not given any written notice to him and he received phone call 74 Spl.C.C.No.535/2016 from the Police Station. The amount was not given to him, but it was given to Decoy-Manjunath.
79. In this case Pw.1 and Pw.3 are the private witnesses to this incident. Pw.2 is the officer who formed the team and he appointed the decoys and Panchas and he sent them to the particular address which is informed by the persons who were in the network of Pandith and they went near Esteem Mall and from there they went to Thai Lodge. This Pw.1 and Pw.3 are the Panch witnesses who accompanied the decoys to those rooms.
80. Pw.4 is also one of the Panch witness. Along with one Vadivelu who had also stated that Vadivelu called one person and he intimated to come near Esteem Mall, they went there and a person came in Santro Car and there were three girls in that car and those persons are Rishi and Rajashekar. They selected two girls and they told that they have to go to Thai Lodge and told that one Pandith had sent them. As per the evidence of this witness, they went 75 Spl.C.C.No.535/2016 to the hotel, but they did not go to any room, but they were waiting near the reception and at that time raid was conducted. In one room Manjunath and a girl was there and in another room Yogesh and a girl by name Akki was there and police secured those two girls.
81. In this case as per the evidence of this witness one Rishi and Rajashekar came near Esteem Mall along with Kajol Das. Even according to this witness the mahazar was prepared in the spot. He does not remember the auto number in which he went to the lodge. He does not remember the phone number to which he called on that day. They came near Esteem Mall. He does not remember as to how much fair was given to the auto. According to him Rishi had got the auto and he told to pay Rs.150/-. According to him all the four went in one auto to Thai Lodge.
82. Pw.5 is the Social worker by name Mani, who was also decoy and according to him the A.C.P. had given 76 Spl.C.C.No.535/2016 Rs.8,000/- to him and three teams were formed. As per the instructions he came near Esteem Mall, wherein one Raju and Uday came in a car along with four girls and they have selected two girls and they told to go to Thai Lodge. One Joshi informed the Police Inspector that they were going to Thai Lodge and when they reached there already Manjunath and Yogesh were already there in the hotel and they were requesting Manager-Pranesh to give room, but at that time the police have conducted raid. This shows that he did not complete his work, because he saw them demanding a room and he did not paid any amount, but in his presence the police have seized amount of Rs.2,400/- in the cupboard of the lodge. This witness is unable to identify the room boys. However he cannot identify the room boys, because even he did not got the room. He and Panch witness-Joshi went near Esteem Mall and thereafter to Thai Lodge. They did not introduce themselves to the girls. According to him one Yogesh was in Room No.87 and Manjunath was in Room No.83. But they did not visit the 77 Spl.C.C.No.535/2016 rooms. This shows that this witness did not went to the rooms and he himself introduced to the girls and he was not secured from the room and even he did not paid the amount to the Manager. He was just near Esteem Mall and then went to Thai Lodge with the girls. It cannot be said that he was secured at the time of the raid. He paid the amount to the auto. They called to one Raju, but he does not remember that phone number. He cannot say the names of those girls who were in the car. The mahazar was prepared in the Thai Lodge.
83. Pw.6 is one of the victims who has specifically stated that she is in State Home and she has given a different address. According to her she has stated the address of Calcutta-West Bengal and during investigation it was brought to the notice that she is from Bangla Desh. She was kept in the State Home from the date of raid. She had specifically stated that she was working in a Sweater Company in Bangla Desh. She came in contact with one 78 Spl.C.C.No.535/2016 Summi and her husband was working at Bangalore. Thereafter that Summi told that she is going to get good work and thus they came to Bangalore. From Bangla Desh they came in a bus to Bennapur and the husband of said Summi by name Laltoo was there and they stayed for three days in the border in a room and thereafter Laltoo took all the six persons to Howrah and from train they came to Bangalore and he took her to the house. According to her Laltoo told that one Pandith will come and he is going to get appointment. According to this witness Pandith is having a ring and the same is going to intimate that Police will come and conduct raid and hence the police were unable to secure him. The said Pandith on that day came to see her and also he told to send the girls for work immediately. One Josna was also there in that house. When she said that she is not interested to work, he told that he is going to sell her to some other persons. They were sending them to prostitution. On that day she went near Esteem Mall and two customers selected her. She worked for 12 days. 79 Spl.C.C.No.535/2016 One Manager of said Pandith was collecting money from them. One day they were taken in a car and left with the customers and they have taken to a hotel and when they were enquiring with the Manager, the police have conducted raid. This witness identified-Pandith, Yadav, Uday and Aslam. According to her she has given the address of Calcutta because Pandith told that if the police arrested they have to give the address of Calcutta. She was getting Rs.4,000/- to Rs.5,000/- when she was working in Sweater Company in Bangla Desh. She has specifically stated that she came to Summi in the year 2012. She has specifically stated that she has seen Pandith, Yadav, Uday and Aslam. She has not lodged any complaint against Summi and Laltoo. She has stated only about Pandith before the N.G.O. She did not intimate to her parents that she was forcibly taken to Bangalore. She has specifically stated that she was taken in a car and thus she had no occasion to tell to anybody.
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84. Pw.7 is the Head Constable who also participated in the raid, who had stated that the Police Inspector had instructed him that they are going to conduct raid and he made some teams and there were decoys. According to him when they contacted the person on behalf of the Pandith, they told to come to a particular place and thereafter when Inspector informed, they went to Thai Lodge to conduct raid and they observed and they entered the lodge and found four girls in the reception and the Inspector enquired them and they told that the Pandith @ Raj Kumar Mishra brought them for prostitution. Thereafter they entered Room No.77 and found Manjunath and one girl and they entered Room No.83, wherein they found Akki and decoy-Yogesh. Even she also told that Pandith had brought them for prostitution and he also raped her.
85. Pw.8 was called as Woman Panch witness for the raid and she was intimated about the said rocket run by 81 Spl.C.C.No.535/2016 Pandith and others and thereafter teams were formed and she was one of the team members as a Panch witness. She was near the parking area of the Police Station and they got phone in between 10.30 p.m., to 11.00 p.m. She was the witness to the raid of car near Esteem Mall near Coffee Day. She has specifically stated that there were three persons by name Rishi, Rajashekar and Kajol Das. She also stated that there was on book seized, wherein the names of the girls and the amount are noted which showed that Kajol was also one of the woman in that rocket. She also stated her phone number was not available with the police and she is not aware of the police earlier and the police have not issued any notice. They left the station at 09.00 p.m. She is not aware of reading and writing of Kannada.
86. In this case the Panch witnesses who have participated in the raid are Pw.8 and other witnesses i.e., Pw.1, Pw.3, Pw.4, Pw.5. They have categorically stated that they have participated in the raid as Panchas. Pw.6 is the 82 Spl.C.C.No.535/2016 alleged victim to the incident. Pw.7, Pw.10 and Pw.15 are the Police Officials who participated in the raid. On behalf of the NGO-Pw.9 has participated in the raid. He had stated that Police Inspector-Nagaraj had formed teams and given money.
87. It is pertinent to note that the said place comes within the jurisdiction of Halsoor Police Station, but they have not given information to that particular station, but they have given complaint to J.C. Nagar Police Station. They had this information one week earlier and he had intimated the same to D.C.P, who in turn informed to A.C.P. Though they had information about a week back, it was not informed to the Halsoor Police Station. This Pw.10 has also participated in the raid with respect to raid of the car near Esteem Mall, wherein three accused were arrested i.e., Rishi, Rajashekar and Kajol Das. Then comes the evidence of the doctor-Pw.11 who has stated that the victim was subjected to sexual activities. Pw.12 is the Head 83 Spl.C.C.No.535/2016 Constable who brought the articles from M.S. Ramaiah Hospital. Pw.13 is the W.P.C., who brought Seema and Kajol Das and taken them to Ambedkar Medical College for medical examination. Pw.14 is the W.A.S.I., who took Rubina and Akki for medical examination to M.S. Ramaiah Hospital. Pw.15 is the P.S.I., who participated in the raid. Pw.16 is the Police Inspector who conducted the investigation after registration of the case. According to him Sowmya had given statement before him and not Summi Akthar. Pw.17 is the doctor who examined Raj Kumar Mishra. Pw.18 is also doctor who examined Kajol Das.
88. Pw.19 is the important witness i.e., the victim has specifically stated that before coming to Bangalore she was married and in the house and she studied in Bangla. One Ruhul Ameen brought her from Bangla Desh to Bangalore in 2012. He brought her because Pandith told that he will get appointment in Bangalore. One Laltoo handed over her to Pandith at Calcutta, who brought her to 84 Spl.C.C.No.535/2016 Bangalore. She identified that Pandith. She had specifically stated that he had taken her to a room in Bangalore, wherein some other girls were there. She came to Bangalore in January and was arrested in February. She was taken in four wheeler to the hotel. She identified Alok, Aslam, Rishi, Uday, Yadav and Pranesh. She had stated that some times Pranesh used to drive the car and some times he used to guard them, but that Pranesh is the Manger of the Lodge. She identified Rajashekar, Basavaraju, Sunil and Akram. She has stated she was in Thai Lodge with one person in the Nighty, the police arrested her. Thereafter she was sent to State Home.
89. According to her accused-Pandith did not commit rape on her in Thai Lodge. It is pertinent to note that the accused No.1 is neither her relative nor family member and she did not met him in Bangla Desh, but one Ruhul Ameen brought her from Bangla Desh to Calcutta. It is pertinent to note that she is married and as her 85 Spl.C.C.No.535/2016 husband was in the custody of the accused, she did not tell before the Police that Pandith had brought her. She was married in 2009 and she had a child in 2011. She has stated that her husband was in Bangalore when she had given statement. She also specifically stated that she, her husband and Pandith came to Bangalore, but in Bangalore that Pandith had separated her husband and he was kept in some other room. She did not tell the same to the police. She was arrested after 15 days of coming to Bangalore. She has not stated that she is from Bangla Desh. She had specifically stated that she has falsely stated before the police that she is from Calcutta and her father's name as different and she is not having proper documents to come to India. She also admitted that like other people she and her husband came to India and stayed in Calcutta for one night. Her husband returned to Bangla Desh.
90. In this case on perusal of evidence of these two witnesses i.e., the victims, it could be gathered that the 86 Spl.C.C.No.535/2016 victims-Pw.6 and Pw.19 are from Bangla Desh, but both of them have not given proper address to the police, for which they have stated that because of fear and on the advice made by Pandith they have given wrong address of Calcutta. In this case their evidence shows that both of them came to India voluntarily. According to Pw.6 she had a friend by name one Summi and thereafter the husband of Summi by name Laltoo brought them to India and then handed over her to Pandith. This Pw.19 says that she and her husband came to Bangalore in search of job, but on another stretch she says that Pandith brought her from Bangla Desh. In this case the name of other particulars of these two witnesses varies. Even there are no photographs produced. Further Pw.6 says that she is still in the State Home. In this case with respect to involvement of Pandith and accused No.2, it is the information which was received by the Police Inspector from the N.G.O and the name of Pandith as stated by this Pw.6 and Pw.19. Further in this case there is no serious allegation made against this 87 Spl.C.C.No.535/2016 Pandith or others regarding commitment of trafficking, but they themselves came to India in search of job. Further when they came to Bangalore, they were used for this prostitution. In this case the allegation against Pandith is that he misused the girls and thereafter he made them to involve in such rocket. The other accused after getting phone call from the customers used to take the girls to some place and after customers chosen them they will be sent to some lodge for prostitution.
91. In this case only in Room No.77 and 82, the raid was conducted, wherein this Manjunath and Yogesh were found by the police. The remaining decoys and Panch witnesses were not found in any of the rooms, but they were in Thai Lodge. On the same day two raids were conducted one at Thai Lodge and another near Esteem Mall. In this case the accused-Pranesh, Basavaraju and Shekar are the persons who were arrested from Thai Lodge. This Pranesh is the Manager, Basavaraju and Shekar are 88 Spl.C.C.No.535/2016 the room boys. None of the witnesses have stated about Basavaraju and Shekar about their involvement in this case before this Court. With respect to Pranesh also they have stated that when they told the name of Pandith, he booked the rooms. With respect to accused-Rishi, Rajashekar and Uday, it is alleged that they have brought the girls in the car and the decoys and Panch witnesses went to Esteem Mall and they chosen the girls and their role ends there. In this case these three i.e., Rishi, Rajashekar and Uday were bringing the girls on the instructions of Pandith.
92. Further the citations relied upon by the prosecution reported in:
1. (2012) 9 SCC 750 between Ashwani Kumar Vs. State of M.P., which says about the age determination of the victim.
2. AIR 1962 SC 1908 between Ramesh Vs. State of Maharashtra which defines the word seduce.
3. Criminal Revision Appeal No.628 and 641 of 2004 between Nilofar and Nilam Usman Shaikh Vs. The State of Gujarat says about seduce.89 Spl.C.C.No.535/2016
4. AIR 1997 SC 3021 between Gaurav Jain Vs. Union of India which says about the eradication of brothel.
5. Criminal Appeal No.121/2004 between Naseem Bano @ Naseem Vs. The State of NCT of Delhi, says about the involvement of the person.
6. 1990 (96) Crl.L.J. 1469 between Vishal Jeet Vs. The Union of India which says about the engaging in prostitution and trafficking into the prostitution.
7. 2003 Crl.L.J.1322 between Smt.Shamshad Vs. State of U.P. which says about wrongful detention of the victim.
8. 2011 (5) CHN 182 between Baira @ Bhimnath Singh Vs. State of West Bengal says about the non-examination of the prosecution witnesses.
93. In this case on perusal of the entire evidence available on record, it could be gathered that there is allegation that the accused No.1 to 5 were in the trafficking of bringing of girls from other countries and States in order to gain amount from prostitution. In this case the main person behind this rocket is the accused No.1. With respect to other accused, it is only alleged that they were aiding the 90 Spl.C.C.No.535/2016 trafficking. However there is no direct allegation against accused No.2 to 5. Even the victim girls say that this accused No.1 had raped them. They have not stated about any direct involvement against accused No.2 to 5. In this case there is no evidence against these accused No.2 to 5 about their involvement forthcoming on the materials available on record. Even though it is alleged that Pandith had committed rape on the victim girl, but there was no proper materials available on record. Hence Section 376 of IPC is not attracted against accused No.1. Thus in my opinion the prosecution is able to make out case about trafficking against accused No.1 only. Though he may be taking the assistance of other persons, but in this particular case to connect the accused No.2 to 5 with respect to the allegations made in this case there is no material. Thus the prosecution is able to prove the guilt of accused No.1 with respect to Section 370, 343 and 366 of IPC.
91 Spl.C.C.No.535/2016
94. With respect to accused No.8, 9 and 11 are concerned, in this case all the witnesses have categorically stated that these accused used to bring the girls for prostitution in a car and they used to discuss with the customers and hand over the girls. Even the witnesses have identified their involvement. Thus the prosecution is able to prove the guilt of accused No.8, 9 and 11 with respect to Section 3, 45, 6 and 9 of I.T.P. Act. Further the prosecution has failed to make out case against accused No.12, 13 and 14 that they involved in this rocket. Thus in my opinion the prosecution was able to prove the guilt of the accused No.1, 8, 9 and 11, but failed to prove the guilt of the remaining accused. Hence I answer Point No.1 to 9 accordingly.
95. Point No.10:- In view of my foregoing reasons, I proceed to pass the following 92 Spl.C.C.No.535/2016 ORDER:
Under Section 235(2) of Cr.P.C., the accused No.1 is found guilty of the offences punishable under Section 343, 366 read with Section 149 of I.P.C., and Section 3, 4, 5, 6, and 9 of I.T.P Act, 1956.
Under Section 235(2) of Cr.P.C., the accused No.8, 9 and 11 are found guilty of the offences punishable under Section 343, 366 read with Section 149 of I.P.C., and Section 3, 4, 5, 6, and 9 of I.T.P Act, 1956.
Acting under Section 235(1) of Cr.P.C., the accused No.1 is acquitted of
the offences punishable under Section 143 read with Section 149 of IPC and Section 376 of IPC.
Acting under Section 235(1) of Cr.P.C., the accused No.8, 9 and 11 are acquitted of the offences punishable under Section 143 read with Section 149 of IPC.
93 Spl.C.C.No.535/2016
Acting under Section 235(1) of Cr.P.C., the accused No.2 to 5 and 12 to 14 are acquitted of the offences
punishable under Section 143, 343, 366, 376 read with Section 149 of IPC and Section 3, 4, 5, 6, and 9 of I.T.P Act, 1956.
The bail bonds and that of the surety bonds of the accused No.2 to 5 and 12 to 14 stands cancelled.
To hear regarding the sentence.
(Dictated to the Judgment Writer, transcribed by her and also computerized to my dictation by her. It is then corrected and pronounced by me in the open Court on this the 17th Day of March 2017.) (B.S.REKHA) L ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE.
94 Spl.C.C.No.535/2016ORDER ON SENTENCE The accused No.1 produced from J.C. The accused No.8, 9 and 11 present.
The learned Public Prosecutor submits that looking to the heinousness of the offence which involve the woman the Court has to impose maximum sentence.
Heard the learned counsel for the accused No. 1 and
9. He submits that accused No.1 is having transport work and he sustained head injury having four children and two wives and he has to look after them and also he is having old aged parents. Accused No.9 is an auto driver and he is having two children and the entire family depends on the earnings of these accused persons and the lenient view may be taken.
Heard the learned counsel for the accused No.8. He submits that long back his father died and he is the only person to take care of the family and his mother is suffering from multiple ailments and he is also suffering 95 Spl.C.C.No.535/2016 from heart related problem and the lenient view may be taken.
Heard the learned counsel for the accused No.11. He submits that he is having one month baby and he is having sister who attained the age of marriage and the lenient view may be taken.
Heard.
Looking to the nature of the offences and the gravity of the offences and submission of both sides and looking to the nature of the offences, it is just and necessary to impose sentence as follows. Hence, I proceed to pass the sentence as under:
ORDER Acting under Section 235(2) of Cr.P.C. accused No.1, 8, 9 and 11 is hereby convicted for the offences punishable:
a) for Section 366 read with Section 149 of IPC they are sentenced to undergo Simple Imprisonment for a term of five years and 96 Spl.C.C.No.535/2016 shall also be liable to fine of Rs.2,000/-each in case of default to pay the fine amount, they shall undergo Simple Imprisonment for a period of three months.
b) for Section 343 read with Section 149 of IPC they are sentenced to undergo Simple Imprisonment for a term of six months and shall also be liable to fine of Rs.2,000/-each, in case of default to pay the fine amount, they shall undergo Simple Imprisonment for a period of three months.
c) for Section 3 of I.T.P., Act they are sentenced to undergo Simple Imprisonment for a term of one year and shall also be liable to fine of Rs.1,000/- each, in case of default to pay the fine amount, they shall undergo Simple Imprisonment for a period of three months.
d) for Section 4 of I.T.P., Act they are sentenced to undergo Simple Imprisonment for a term of six months and shall also be 97 Spl.C.C.No.535/2016 liable to fine of Rs.1,000/- each, in case of default to pay the fine amount, they shall undergo Simple Imprisonment for a period of three months.
e) for Section 5 of I.T.P., Act they are sentenced to undergo Simple Imprisonment for a term of three years and shall also be liable to fine of Rs.1,000/-each, in case of default to pay the fine amount, they shall undergo Simple Imprisonment for a period of three months.
f) for Section 6 of I.T.P., Act they are sentenced to undergo Simple Imprisonment for a term of two years and shall also be liable to fine of Rs.1,000/- each, in case of default to pay the fine amount, they shall undergo Simple Imprisonment for a period of three months.
g) for Section 9 of I.T.P., Act they are sentenced to undergo Simple Imprisonment for a term of two years and shall also be liable 98 Spl.C.C.No.535/2016 to fine of Rs.1,000/-each, in case of default to pay the fine amount, they shall undergo Simple Imprisonment for a period of three months.
All the sentences shall run
concurrently.
The J.C. period of accused No.1 from
30-01-2017 to till date (in all 17 days and 1 month), the J.C. period of accused No.8 from 07-02-2012 to 11-05-2012 (in all 4 days and 3 month) and the J.C. period of accused No.9 from 07-02-2012 to 11-05-2012 (in all 4 days and 3 month) be set off as laid down under Section 428 of Cr.P.C.
MO1 to and MO6 is ordered to be confiscated to the State after the expiry of appeal period. MO7, MO11 and MO14 being worthless, shall be destroyed after the expiry of appeal period. MO8, MO9 and MO10 is ordered to be returned to the concerned after the expiry of appeal period.
99 Spl.C.C.No.535/2016
After deposit of fine amount, the same will be considered as fine to the State.
Issue copy of judgment free of cost to the accused No.1, 8, 9 and 11 forthwith.
(Computerized to my dictation by the Judgment Writer. It is then corrected and pronounced by me in the open court on this the 17th Day of March 2017.) (B.S.REKHA) L ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE.
ANNEXURE
LIST OF WITNESSES EXAMINED ON BEHALF OF
PROSECUTION
Pw.1 Vadivelu Cw.2 07-04-2014
Pw.2 M. Nagaraj Cw.1 07-04-2014
Pw.3 Yogesh Cw.4 08-04-2014
Pw.4 Vinod Kumar Cw.6 08-04-2014
Pw.5 Mani Cw.7 08-04-2014
Pw.6 Summi Akthar Cw.10 08-04-2014
Pw.7 S. Kuppuswamy Cw.15 09-04-2014
Pw.8 Vandana Nadiga Nair Cw.20 10-04-2014
100 Spl.C.C.No.535/2016
Pw.9 Siguran Cw.21 11-04-2014
Pw.10 Vinay Cw.23 11-04-2014
Pw.11 Dr. Basappa.S.Hugar Cw.28 15-04-2014
Pw.12 Nanjappa Cw.29 21-04-2014
Pw.13 Meenakshi Cw.32 29-04-2014
Pw.14 A. Annapoorna Cw.33 29-04-2014
Pw.15 Nagaraj. R. Cw.19 29-04-2014
Pw.16 Puneet Kumar. R. Cw.35 29-04-2014
Pw.17 Dr.B.M.Nagaraju Cw.30 27-06-2014
Pw.18 Dr.S.K.Karthik Cw.31 27-06-2014
Pw.19 Akki Cw.19 11-02-2016
LIST OF DOCUMENTS MARKED ON BEHALF OF
PROSECUTION
Ex.P 1 Mahazar Pw.1 07-04-2014
Ex.P 1a Signature of Pw.1 Pw.1 07-04-2014
Ex.P 1b Signature of Pw.2 Pw.2 07-04-2014
Ex.P 1c Signature of Pw.3 Pw.3 08-04-2014
Ex.P 1d Signature of Pw.4 Pw.4 08-04-2014
Ex.P 2 Mahazar Pw.1 07-04-2014
Ex.P 2a Signature of Pw.1 Pw.1 07-04-2014
Ex.P 2b Signature of Pw.4 Pw.4 08-04-2014
Ex.P 2c Signature of Pw.8 Pw.8 10-04-2014
Ex.P 2d Signature of Pw.9 Pw.9 11-04-2014
Ex.P 2e Signature of Pw.15 Pw.15 29-04-2014
Ex.P 3 Complaint Pw.2 07-04-2014
101 Spl.C.C.No.535/2016
Ex.P 3a Signature of Pw.2 Pw.2 07-04-2014
Ex.P 3b Signature of Pw.16 Pw.16 29-04-2014
Ex.P 4 Two Photos Pw.8 10-04-2014
Ex.P 5 Medical examination Pw.11 15-04-2014
report of victim
Ex.P 5a Signature of Pw.4 Pw11 15-04-2014
Ex.P 6 Report of Pw.12 Pw.12 21-04-2014
Ex.P 6a Signature of Pw.12 Pw.12 21-04-2014
Ex.P 7 Report of Pw.15 Pw.15 29-04-2014
Ex.P 7a Signature of Pw.15 Pw.15 29-04-2014
Ex.P 7b Signature of Pw.16 Pw.16 29-04-2014
Ex.P 8 F.I.R. Pw.16 29-04-2014
Ex.P 8a Signature of Pw.16 Pw.16 29-04-2014
Ex.P 9 Medical examination Pw.16 29-04-2014
report of Seema
Ex.P 9a Signature of Pw.16 Pw16 29-04-2014
Ex.P 10 Medical examination Pw.16 29-04-2014
report of Kajol Das
Ex.P 10a Signature of Pw.16 Pw16 29-04-2014
Ex.P 10b Signature of Pw.18 Pw.18 27-06-2014
Ex.P 11 Statement of Pw.19 Pw.19 11-02-2015
LIST OF MATERIAL OBJECTS MARKED
MO1 Rs.1000- two notes & Pw.2 07-04-2014
Rs,100/- four notes
MO2 Rs.1,000/- two notes Pw.1 07-04-2014
MO3 Nokia Mobile Pw.1 07-04-2014
102 Spl.C.C.No.535/2016
MO4 Rs.3000/- three notes Pw.1 07-04-2014
MO5 Nokia Mobile Pw.1 07-04-2014
MO6 Samsung Mobile Pw.1 07-04-2014
MO7 2-pockets of condoms Pw.2 07-04-2014
MO8 Ledger Book Pw.2 07-04-2014
MO9 Cash Book Pw.2 07-04-2014
MO10 Electricity Bill Pw.2 07-04-2014
MO11 Red coloured underwear Pw.16 29-04-2014
MO12 Red coloured bra Pw.16 29-04-2014
MO13 Pubic hair Pw.16 29-04-2014
MO14 Vaginal Swab Pw.16 29-04-2014
LIST OF DOCUMENTS MARKED, WITNESSES
EXAMINED & MO.S MARKED ON BEHALF OF DEFENCE
-NIL-
L ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE.
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