Delhi District Court
State vs . Khusbhu And Ors. on 12 April, 2010
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FIR No. 39/08
State vs. Khusbhu and Ors.
IN THE COURT OF SH. SANDEEP GARG, METROPOLITAN
MAGISTRATE (CENTRAL)-05, DELHI
State Vs. : Khushbu & Ors.
FIR No. : 39/2008
U/S : 3/4/5/8 ITP Act
PS : Kamla Mkt.
JUDGMENT
a Sl. No. of the case : 40/3
b Date of commission of offence : 27.03.2008
c Date of institution of the case : 06.05.2008
c Name of complainant : Mohd. Kalam
d Name & address of accused :1) Kusum D/o Veer
: BahadurR/o No.8, Mangal
: Misa, District Nagor, Nepal.
: Present Address : Kotha No.64
: Top Floor, GB road, Delhi.
:2) Laxman @ Mangi S/o
: Swaran Chandrapal R/o
: Mohalla Dayapuri, Fafrana
: road, Modi Nagar, District
: Ghaziabad, U.P.
: Present Address Kotha
: No.64, Top Floor, GB Road,
: Delhi.
e Offence complained of : U/s 4/5/8 ITP Act
f Plea of accused : Pleaded guilty
g Arguments heard on : 12.04.2010
g Final order : Convicted
h Date of Judgment : 12.04.2010
BRIEF STATEMENT OF REASONS FOR DECISION:
1. Accused Kusum and Laxman have been sent to face trial for offences U/s 4/5/8 ITP Act on the allegations that on 27.03.2008 at about 09:50 PM, accused Kusum was found to be living on the earnings of prostitution, Page 1 of 3 2 FIR No. 39/08 State vs. Khusbhu and Ors.
seducing passerbys for prostitution and accused Laxman was found inducing Khushbu and Kusum for prostitution and seducing passerbys for the said purpose near staircase of Kotha No.64, GB Road, Kamla Market, Delhi, within the jurisdiction of PS Kamla Market. Investigation was carried out.
2. Upon completion of investigation, charge sheet was filed on 06.05.2008. Charge U/s 5/8 of the ITP Act has been framed upon the accused Laxman and U/s 8 ITP Act upon accused Kusum to which they have pleaded guilty and do not claim trail. They have been explained the accusations and warned of the consequences. Despite warning, both the accused insisted on their plea. It is held in State of Maharastra Vs. Dhruwa Wollen Mills Pvt. Ltd. 1991 Cr.L.J. 3141 (Bom.) that:-
"If the substance of occupation is properly explained to the accused and the accused understands fully the implication of the charge and pleads guilty, the Magistrate can record such plea and convict the accused on accepting such plea. But if the accused is not present before the Magistrate and does not plead guilty, the plea of guilty by other accused on his behalf, is illegal."
3. In view of the plea, accused Laxman is convicted for offence U/s 5/8 ITP Act and accused Kusum is convicted for offence U/s 8 ITP Act.
Announced in the open (Sandeep Garg) Court on 12.04.2010 MM(Central)-05, Delhi.
Page 2 of 3 3 FIR No. 39/08State vs. Khusbhu and Ors.
ORDER ON POINT OF SENTENCE I have heard, Ld. APP for State and the convicts Laxman and Kusum on point of sentence. Convicts submit that they are the sole bread earners in the family.
Heard. Considering the socio-economic condition of the convicts, the fact that the convicts have family to be looked after and they want to repent and they have already spent considerable time in custody, both the convicts Laxman and Kusum are sentenced to imprisonment already undergone. In addition, accused Kusum is also fined Rs.500/-. In default of payment of fine, convict Kusum to undergo SI for 5 days. Fine deposited. File be consigned to Record Room.
Announced in the open (Sandeep Garg) Court on 12.04.2010 MM(Central)-05, Delhi.
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