Delhi District Court
Fir No.120/08Ps Kamla Market State vs Munni & Anr. on 19 January, 2016
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IN THE COURT OF SH.R.K. PANDEY, METROPOLITAN MAGISTRATE :
02 (CENTRAL) TIS HAZARI COURTS, NEW DELHI
FIR No. 120/08
PS: Kamla Market
U/s 3, 4 ITP Act
State v. Munni & Anr.
JUDGMENT
1. Sl No. of the case : 02401R1221572008
2. Date of Commission of the offence : 21.07.2008
3. The name of the informant : Inspector Bala Sharma
4. The name & address of accused : 1. Munni @ Bimla, D/o.
Sh. Vijay , R/o. Room no.
10, S/59 Shakar Pur,
School Block , PS.
Shakar Pur, Delhi
2. Rehman,
S/o. Sh. Abdul Sattar,
(declared as proclaimed
offender)
3. Naina, D/o. Vinay
(declared as proclaimed
offender)
5. Date of institution of FIR : 21.07.2008
6. Date of receipt of this case in
this court : 09.09.2008
FIR No.120/08PS Kamla Market State v/s Munni & Anr.
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7. The plea of the accused : Pleaded not guilty.
8. Date of reserving the case for order : 19.01.2016
9. Date of Decision : 19.01.2016
10.Final order : Acquitted
BRIEF FACTS OF THE CASE :
1. Prosecution case in brief is that on 21.07.2008, at about 10.10 pm, in the varandah of house no. 68, G. B. Raod, Kamla Market, accused was found running/managing brothel and was found living on the earnings of prostitution of coaccused Naina (already declared as proclaimed offender). Accused Munni was charged for offence punishable, u/s 3 & 4 of The Immoral Traffic (Prevention) Act (ITP Act) vide order dated 25.09.2010.
2. In order to prove allegations against the accused regarding aforesaid offence, prosecution has relied upon five witnesses including informant/complainant.
3. PW1 HC Sita Ram deposed that on 21.07.2008 he was posted as HC in PS Kamla Market and on that day, at about 9.30 pm, he alongwith SI Brijesh Mishra and W HC Kamlesh were present near Police booth, Hanuman Mandir, GB Road and then, SHO Inspector Bala Sharma came there on govt. vehicle and she informed them that she had received information regarding prostitution at GB Road. PW1 further deposed that SHO had asked FIR No.120/08PS Kamla Market State v/s Munni & Anr.
3him to wear civil cloths and SHO instructed him to inform her in a case any lady induce him for prostitution and SHO had given him two notes of Rs.100/ and one note of Rs.50/. PW1 further deposed that then he reached in corridor of Kotha no. 68 where one lady and one man met him and that lady told him that she will charge Rs. 250/ for prostitution and out of which Rs.100/ would be kept by her and Rs.100/ would be paid to owner and Rs.50/ would be paid to tout/pimp. PW1 deposed that when deal was finalized and accused lady had taken money from PW1, PW1 gave signal to the police personals. PW1 deposed that police personals came there and apprehended that lady and that man. PW1 deposed that their names after interrogation were disclosed as Naina and Rehman. PW1 deposed that then, accused Naina took them at second floor and one lady was present there who was looking after the work, whose name after interrogation was disclosed as Munni . PW1 deposed that thereafter, search of accused persons were conducted and Rs. 50/ was recovered from the possession of accused Rehman and Rs. 200/ was recovered from the possession of accused Naina. PW1 deposed that the amount recovered from both the accused Rehman and Naina was taken into police possession and seizure memo Ex.PW1/A and EXPW1/B was prepared and the pullanda was sealed with the seal of BM. PW1 deposed that thereafter, IO prepared Tehrir and handed over the same to him for getting the case registered and FIR No.120/08PS Kamla Market State v/s Munni & Anr.
4he went to the PS and got the case registered and returned at the spot and handed over the copy of FIR and original tehrir to the IO. PW1 deposed that accused Naina and Rehman were arrested and arrest memo Ex.PW1/C and EXPW1/E was prepared. PW1 deposed that case property was deposited in malkhana and IO recorded his statement.
4. PW2 W/HC Kamlesh deposed that on 21.07.08, she was posted as HC at PS Kamla Market and on that day, at about 9.30 pm, she was present along with SI Brijesh Mishra and HC Sita Ram near police Booth, Hanuman Mandir, G.B.Road and SI Brijesh Mishra briefed them that after closer of shops in that locality in evening, girls and boys used to come down from the floors of the kotha and used to solicit the passersby for prostitution. PW2 deposed that, then, SHO Ins. Bala Sharma also came there in Government Vehicle and on receiving information, she constituted a raiding party including PW2, SI Brijesh Mishra and HC Sita Ram and SHO. PW2 deposed that SHO instructed to HC Sita Ram to change the uniform into civil dress and when he changed his uniform, SHO had given two notes of Rs. 100/ and one note of Rs. 50/ and SHO instructed to the HC Sita Ram to go near the Varanda of Kotha's and give signal if any one induce him for prostitution. PW2 deposed that when HC Sita Ram went in Varanda of Kotha no. 68, they saw that he was talking with a girl and boy. PW2 deposed that HC Sita Ram gave signal and they FIR No.120/08PS Kamla Market State v/s Munni & Anr.
5reached there and deponent apprehended the girl whose name afterward disclosed as Naina and the boy was apprehended by SI Brijesh Mishra. PW2 deposed that she conducted cursory search of girl Naina and found two notes of Rs. 100/ and notes were seized and seizure memo ExPW1/B was prepared. PW2 deposed that SI Brijesh Mishra conducted the search of boy Rehman and found Rs. 50/. and the same was seized and seizure memo ExPW1/A was prepared. PW2 deposed that both the boy and girl were interrogated by the SHO and both the accused stated that they are in profession of prostitution. PW2 deposed that HC Sita Ram informed that both boy and girl were inducing him for prostitution against the consideration of Rs. 250/. PW2 deposed that a tehrir was prepared by SHO and was handed over to HC Sita Ram for registration of FIR in Police station and HC Sita Ram went to the PS and got the case registered and he returned along with copy of FIR and tehrir handed over the same to the SHO. PW2 deposed that after registration of the case, both the accused person were arrested and arrest memo ExPW1/C and ExPW1/E was prepared. PW2 deposed that after arrest of the both accused persons, HC Sita Ram went to the hospital for medical examination of both accused persons.
5. PW3 HC Narinder Singh deposed that on 21.07.2008 , he was posted at PS Kamla Market as HC and was working as Duty Officer from 5:00 pm to 1:00 am and on that day, at about 11:45 FIR No.120/08PS Kamla Market State v/s Munni & Anr.
6pm, he received a rukka from HC Sita Ram sent by Inspector Bala Sharma, on the basis of which, he registered FIR No. 120/08 EXPW3/A. PW3 deposed that he also made endorsement on the rukka EXPW3/B . PW3 deposed that the copy of FIR and original rukka were given to HC Sita Ram to further hand over to Inspector Bala Sharma/ IO for further investigation.
6. PW4 Ins. Brijesh Mishra deposed that on 21.07.2008, he was posted at PS Kamla Market as SI and on that day, he alongwith HC Sita Ram and WHC Kamlesh were present at G. B. Road. PW4 deposed that IO Inspector Bala Sharma came there during the patrolling and briefed them that there was some complaints of prostitution and inducement to the public persons by some women for the purposes of prostitution. PW4 deposed that a raiding party was constituted and 3 / 4 persons were requested by the SHO to join the raiding team but all refused to join the raiding team after expressing their inability and did not disclose their names and addresses. PW4 deposed that then SHO concerned directed HC Sita Ram to become a decoy customer and thereafter SHO had handed over Rs. 250/ to him after signing the same. PW4 deposed that thereafter, HC Sita Ram changed his uniform into civil dress and deponent followed him as a shadow witness alongwith WHC Kamlesh and IO SHO Inspector Bala Sharma. PW4 deposed that thereafter, decoy customer reached at Kotha No. 68 where he met a person and there was some negotiation between FIR No.120/08PS Kamla Market State v/s Munni & Anr.
7said person and decoy customer. PW4 deposed that thereafter, decoy customer dropped his handkerchief for indication. PW4 deposed that thereafter, they overpowered the said person and one lady on the pointing out of decoy customer. PW4 deposed that then decoy customer informed that the person namely Rehman was a pimp and the lady namely Naina was a prostitute. PW4 deposed that decoy customer told them that in pursuance of deal, Rehman had taken Rs 50/ and prostitute Naina had taken Rs 200/. PW4 deposed that upon inquiry, accused Naina disclosed that out of Rs 200/ she would take Rs 100/ and remaining Rs 100/ would be given to brothel house owner namely Munni. PW4 deposed that then he took cursory search of the accused Rehman and Rs 50/ was recovered and cursory search of coaccused Naina was carried out by WHC Kamlesh and Rs 200/was recovered from her possession. PW4 deposed that then IO kept recovered Rs 250/ in two envelopes and sealed with the seal of BM. PW4 deposed that IO took said envelopes into police possession and respective seizure memos EXPW 1/A and EXPW1/B were prepared. PW4 deposed that thereafter SHO prepared a Rukka and handed over to HC Sita Ram and sent him to PS for registration of the case and he went to PS and got the case registered and returned to spot and handed over original tehrir and copy of FIR to the SHO. PW4 deposed that accused persons were arrested by the IO. PW4 deposed that raiding party also visited Kotha No. 68 to trace out FIR No.120/08PS Kamla Market State v/s Munni & Anr.
8owner of brothel house but she could not be found on that day. PW4 deposed that thereafter, raiding party returned back at PS alongwith both the accused persons.
7. PW5 Ins. Bala Sharma deposed that on 21.07.2008, she was posted at PS Kamla Market as SHO and on that day, she was on patrolling and while patrolling she reached at division no. 5 near Hanuman Mandir where SI Brijesh Mishra , HC Sita Ram and WHC Kamlesh met her. PW5 deposed that she briefed them that there are some complaints of prostitution and inducing the public persons by some women for the purposes of prostitution. PW5 deposed that a raiding party was prepared and 3 / 4 persons were requested by her to join the raiding team but all refused to join the raiding team after expressing their inability and did not disclose their names and addresses. PW5 deposed that then she directed HC Sita Rram to become a decoy customer and she handed over to him Rs 250/ consisting of two currency notes of Rs.100/ and one note of Rs 50/ after signing the same. PW5 deposed that HC Sita Ram changed his uniform in civil dress and SI Brijesh Mishra followed him as a shadow witness alongwith WHC Kamlesh and deponent also followed them. PW5 deposed that decoy customer reached at Kotha No. 68 where he met a person and there was some negotiation between said person and decoy customer. PW5 deposed that decoy customer dropped his handkerchief for indication. PW5 deposed that on the pointing out FIR No.120/08PS Kamla Market State v/s Munni & Anr.
9of decoy customer they overpowered the said person and one lady. PW5 deposed that then decoy customer informed that the person namely Rehman was a pimp and the lady namely Naina was a prostitute. PW5 deposed that decoy customer also informed that in pursuance of deal, pimp Rehman had taken Rs 50/ and prostitute Naina had taken Rs 200/. PW5 deposed that on inquiry, Naina disclosed that out of Rs 200/ she would take Rs 100/ and remaining Rs 100/ would be given to owner of brothel house namely Munni. PW5 deposed that then SI Brijesh Mishra took cursory search of the accused Rehman and Rs 50/ already signed by deponent was recovered from his possession and cursory search of coaccused Naina was conducted by WHC Kamlesh and Rs 200/ was recovered. PW5 deposed that then she kept recovered Rs 250/ in two envelopes and sealed them with the seal of BM. PW5 deposed that she took said envelopes into police possession and prepared respective seizure memos EXPW 1/A and EXPW1/B. PW5 deposed that thereafter she prepared Rukka/tehrir EXPW5/A and handed over to HC Sita Ram and sent him to PS for registration of the case. PW5 deposed that HC Sita Ram went to PS and got the case registered and returned to spot and handed over original tehrir and copy of FIR to her. PW5 deposed that accused persons were arrested by her . PW5 deposed that personal search of both accused persons was conducted and memo EXPW1/F & EXPW1/D were prepared. PW5 deposed that she FIR No.120/08PS Kamla Market State v/s Munni & Anr.
10recorded disclosure statement of accused Naina EXPW5/B. PW5 deposed that thereafter, raiding party also visited Kotha No. 68 to trace out owner of brothel but the she could not be found on that day. PW5 deposed that thereafter, raiding party returned back at PS alongwith both the accused persons. PW5 deposed that she came to know that an anticipatory bail application on behalf of the accused Munni @ Bimla/ owner of aforesaid brothel was pending in concerned sessions court and she formally arrested accused Munni @ Bimla and prepared memo EXPW5/C. PW5 deposed that after necessary investigation of the case, she prepared the challan.
8. After the prosecution evidence, statement of the accused Munni @ Bimla D/o. Vijay was recorded separately under Section 313 read with Section 281 of Cr.PC in which all the incriminating evidence was explained to the accused to which she denied but opted not to lead any defence evidence. Accordingly matter was fixed for final arguments.
9. It is argued on behalf of the State that prosecution witnesses duly proved the prosecution's case. Hence, prosecution's story is duly proved beyond reasonable doubt. Therefore, accused is liable to be convicted.
10. It is argued on behalf of the accused Munni @ Bimla through counsel that accused is innocent and was falsely implicated by the police. It is further argued that all the prosecution witnesses are police officials and their testimony is FIR No.120/08PS Kamla Market State v/s Munni & Anr.
11liable to be rejected being member of police team and interested witness without corroboration by independent witness or evidence. It is further argued that prosecution has failed to prove its case beyond reasonable doubt. Hence, accused Munni is liable to be acquitted.
11. Heard. Perused the record.
12. As per prosecution's story on 21.07.2008, at about 10.10 pm, in the varandah of house no. 68, G. B. Raod, Kamla Market, accused was found running/managing brothel and was found living on the earnings of prostitution of coaccused Naina (already declared as proclaimed offender).
"Brothel is defined in Section 2(a) ITP Act as a place including any house, room or place or any portion of house, room etc. which is used for purpose of sexual exploitation or abuse for gain of another person or for mutual gain for two or more prostitutes".
"Prostitution is defined in Section 2(f) of ITP Act as it means sexual exploitation or abuse of persons for commercial purposes and expression prostitute shall be construed accordingly".
Section 3 of ITP Act provide penal provision FIR No.120/08PS Kamla Market State v/s Munni & Anr.
12i.e. punishment for keeping a brothel or allowing premises to be used by a brothel.
Section 4 ITP Act provide provision regarding punishment for living on the earnings of prostitution.
Section 5 of ITP Act provide provision regarding punishment for procuring, inducing or taking person for sake of prostitution.
Section 8 of ITP Act provide provision regarding punishment for seducing or soliciting any person for prostitution at public place or within sight of, and in such manner as to be seen or heard from any public place, whether from within any building or house or not.
13. On perusal of legal provision / penal provision as provided under the ITP Act 1956, basic requirement for penal liability u/s 3 of ITP Act is that there must be a premises which must be used for keeping a brothel or allowed to be used as brothel. In the present case, prosecution had not produced or proved any document that house bearing no 68, G. B Road from where both the accused persons namely Naina and Rehman (both are already declared as proclaimed offender) were allegedly apprehended was actually in the possession of accused FIR No.120/08PS Kamla Market State v/s Munni & Anr.
13Munni or same was kept or managed by the accused Munni. Accordingly, the ingredient of offence punishable u/s 3 of ITP Act allegedly to be committed by the accused is not proved, hence accused Munni is acquitted from the same.
14. Similarly, it is also not established by prosecution that accused Munni was living on the earnings of prostitution of coaccused Naina as admittedly, accused Munni was not apprehended on the spot as deposed by IO/PW5. Hence, ingredient of the offence punishable u/s 4 of ITP Act is also not proved, accordingly accused Munni acquitted for the same. In view of the same, accused Munni @ Bimla D/o. Vijay stands acquitted from the present case. Bail bond and surety bond furnished u/s 437A Cr.PC shall remain in force for six months.
15. File be consigned to record room.
Announced in the open court (RAVINDRA KUMAR PANDEY) on 19.01.2016 MM02 (Central)Tis Hazari Court DELHI FIR No.120/08PS Kamla Market State v/s Munni & Anr.