Delhi District Court
State vs . Sobha & Anr. on 26 October, 2010
IN THE COURT OF SH. SANDEEP GARG, METROPOLITAN
MAGISTRATE (CENTRAL)-05, DELHI
FIR No. : 217/05
U/s : 8 ITP Act
PS : Kamla Market
State Vs. Sobha & Anr.
JUDGMENT
a The Sl. No. of the case : 879/3
b The date of commission : 13.03.05
c The date of Institution of the case: 13.05.05
d The name of complainant : Mohd. Irfan.
e The name of accused :Ms Sobha D/o Mangiya
:Naik R/o Kotha No 52 Ist floor,
:GB Road, Delhi.
f The offence complained of : 8 ITP Act.
g The plea of accused : Pleaded guilty
Arguments heard on : 26.10.2010
h The final order : Convicted
The date of judgment : 26.10.2010
BRIEF STATEMENT OF REASONS FOR DECISION:
1. Accused Sobha has been sent to face trial for offence U/s 8 ITP, with the allegations that on 13.03.05 at about 04:30 PM in varandha of Kotha No.52, near the staircase, GB Road, Delhi within the jurisdiction of PS Kamla Market, she seduced the complainant Mohd. Irfan for the purpose of prostitution in a public place by her words mentioned in the rukka and as such, she committed an offence punishable U/s 8 ITP. Investigation was carried out.
2. Upon completion of investigation, the charge sheet was filed on 13.05.05. The accused Sobha has admitted the prosecution case and do not claim trial. She has been explained the accusations and warned of the consequences. Despite warning, the accused insisted on her admission. It is held in State of Maharastra Vs. Dhruwa Wollen Mills Pvt. Ltd. 1991 Cr.L.J. FIR No. 217/05 PS Kamla Market State vs. Smt. Sobha Page 1 of 3 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 admission, accused Sobha is convicted for offence U/s 8 ITP Act.
Announced in the open (Sandeep Garg) Court on 26.10.2010 MM(Central)-05, Delhi.
FIR No. 217/05 PS Kamla Market State vs. Smt. Sobha Page 2 of 3 ORDER ON POINT OF SENTENCE I have heard, Ld. APP for State and the convict Sobha on point of sentence. Convict submits that she is the sole bread earner in the family and has to look after her children.
Heard. Considering the socio-economic condition of the convict and the fact that the convict has family to be looked after and she want to repent, convict Sobha is fined Rs.500/-. IDSI for five days. Fine deposited. File be consigned to record room.
Announced in the open (Sandeep Garg) Court on 26.10.2010 MM(Central)-05, Delhi.
FIR No. 217/05 PS Kamla Market State vs. Smt. Sobha Page 3 of 3