Delhi District Court
State vs . Sunita Shah on 12 September, 2011
IN THE COURT OF SH. SAURABH PRATAP SINGH LALER
METROPOLITAN MAGISTRATE-06 (East), KARKARDOOMA
COURTS, DELHI.
FIR No. 558/07
PS: Preet Vihar
Offence complaint of : 4/5/8 ITP Act
Date of commission of offence : 30.8.07
Unique Case ID No. : 02402R0750512007
STATE Vs. Sunita Shah
D/o Dinesh Shah
R/o D-89, 4th Floor, Freedom Fighter
Colony, near Gate No. 4, Naib Sarai ............ Accused
Satyavir Singh Dogar
SHO, PS Preet Vihar ............. Complainant
Date of Institution : 27.11.07
Plea of accused : Pleaded not guilty
Date of reserving judgment/order : 12.9.2011
Date of pronouncement : 12.9.2011
Final Order : Convicted
BRIFE STATEMENT FOR THE REASONS FOR DECISION:
1.The case of the prosecution is that on 30.8.07 at about 9.30 PM at opposite V3S Mall, Service Road, Vikas Marg accused Sunita Shah indulged in prostitution and by utterance of words the accused instigated FIR No. 588/07 State Vs. Sunita Shah 1 of 5 one ASI Ashok Tyagi for the purpose of prostitution for commercial gain and thereby accused committed offence punishable u/s 8 of the ITP Act.
On the basis of above facts an FIR No. 588/07 was registered in the PS Preet Vihar against the accused U/s 4/8 of the ITP Act.
Statement of witnesses were recorded, site plan was prepared, the accused was arrested and after completion of all necessary investigation challan U/s 173 Cr. P.C was presented in the court for trial on 25.10.05.
2. The accused Sunita Shah was summoned by the Court to face the trial. On appearance, copy of the charge sheet, as required under section 207 Cr. PC, was supplied to the accused.
3. On 8.9.2011 an application for pleading guilty was moved by accused Sunita Shah stating that she wants to plead guilty voluntarily without any pressure, force, coercion and undue influence which is fixed for today i.e. 12.9.2011. On hearing arguments and on perusal of record, prima facie notice for the offence under section 8 of the ITP Act was made out against accused Sunita Shah. Accordingly charge served upon the accused to which accused pleaded guilty.
4. I have heard the Ld.APP for the state and Ld. Defence counsel and have also carefully perused the entire record and the relevant provisions of the law.
FIR No. 588/07 State Vs. Sunita Shah 2 of 5
5. In view of plead guilt of the accused, I am left with no option but to convict accused. Accordingly, accused Sunita Shah is convicted for the offence u/s 8 of the ITP Act.
Let accused be heard on point of sentence at 2.00 PM. Announced in the open Court on 12.9.2011 (S.P.S. Laler) Metropolitan Magistrate KKD, Delhi FIR No. 588/07 State Vs. Sunita Shah 3 of 5 IN THE COURT OF SH. SAURABH PRATAP SINGH LALER METROPOLITAN MAGISTRATE-06 (East), KARKARDOOMA COURTS, DELHI.
FIR No. 558/07PS: Preet Vihar Offence complaint of : 4/5/8 ITP Act Date of commission of offence : 30.8.07 Unique Case ID No. : 02402R0750512007 STATE Vs. Sunita Shah D/o Dinesh Shah R/o D-89, 4th Floor, Freedom Fighter Colony, near Gate No. 4, Naib Sarai ............ Accused Satyavir Singh Dogar SHO, PS Preet Vihar ............. Complainant ORDER ON SENTENCE
1. I have heard on the quantum of sentence from the both sides and given thought to the relevant provisions of law.
2. It is submitted on behalf of the State that severe punishment may be imposed upon the convict as such type of offence may be banned in the society.
3. On the other hand, it is submitted on behalf of the convict that a lenient view be taken against her as she belongs to a poor family.
FIR No. 588/07 State Vs. Sunita Shah 4 of 5
4. Taking into consideration the totality of the facts and circumstances of the case, convict Sunita Shah is sentenced to pay a fine of Rs. 500/-, in default 5 days SI. Fine paid. Announced in the open Court on 12.9.2011 (S.P.S. Laler) Metropolitan Magistrate KKD, Delhi FIR No. 588/07 State Vs. Sunita Shah 5 of 5