Document Fragment View
Fragment Information
Showing contexts for: section 370 of indian penal code in State Of Karnataka vs No.1 Smt. Shylu on 23 January, 2021Matching Fragments
S.C.No.1247/2016 J UD GME N T This case is the result of charge sheet filed by the complainant Police, against the accused No.1 to 4 for the offences punishable under Sec.3, 4 and 7 of Immoral Traffic Prevention Act and Sec.370 of Indian Penal Code
2. The prosecution was set into motion against the accused persons on the complaint of C.W.1, Chandrapa.H.Barki, the Police Sub-Inspector of complainant, Krishnarajapura Police Station. The case of prosecution is that C.W.1 on 26.06.2015 at about 4.00 p.m, after having received credible information that the accused No.2 let out his house, bearing No.32 situated at Papanna Colony, TC Palya, within the limits of Krishnarajapura P.S., Bangalore. That accused No.1 with an intention to make illegal gain by running prostitution business. The accused No.1 indulged in brothel business by trafficking girls, S.C.No.1247/2016 by contacting the customers over phone, further she herself indulged in prostitution with the customers whenever the girls were not available. Immediately on the same day, C.W.1 and his staff CW.4 to 7 had conducted raid on the above mentioned address. The pancha witnesses are C.W.2 and 3. During the raid, they found accused No.1, 3 and 4 were indulged in brothel business and they have been arrested. That accused No.1 indulged in making easy money by way of prostitution and seized articles subjected in PF No.64/2015 by drawing mahazar, later went to police station along with the seized articles and accused persons, and lodged complaint before the Police Inspector. Police Inspector registered the case in Cr.No.351/2015 for the offence punishable under Sec.370 of IPC and Sec.3, 4 and 7 of I.T.P Act.
S.C.No.1247/2016
5. As stated herein above, the accused persons are on bail. In pursuance of service of summons, the accused persons appeared before this Court through their counsel and got enlarged on bail. After hearing the counsel for accused and also the learned Prosecutor and on considering the relevant materials on record, my learned predecessor has framed charge against the accused persons for the offence punishable under Sections 370 of IPC and Sec.3, 4 and 7 of I.T.P Act, on 23.01.2018. For which the accused persons have pleaded not guilty and thereby they claimed to be tried of the said offences. Further, this case was split as against Accused no.1 as per the order of this court, dated 23.10.2019. Thereby the case against accused No.1 was split and separate case was registered against accused no.1, in S.C. 83/2020 on 9.1.2020. Thereby this case is taken up for accused no. 2 to 4 alone.
for consideration together for convenience as they are inter-connected and also for avoiding repetition of discussion on the facts of the case and also regarding point of law. As mentioned supra, the case against accused No.1 was split and separate case was registered against accused no.1, in S.C. 83/2020 on S.C.No.1247/2016 9.1.2020. Hence, this case is pertaining to only accused no.2 to 4. The case of the porsecution is that the complaint of C.W.1, Chandrapa.H.Barki, the Police Sub-Inspector of complainant, Krishnarajapura Police Station. The case of prosecution is that C.W.1 on 26.06.2015 at about 4.00 p.m, after having received credible information that the accused No.2 let out his house, bearing No.32 situated at Papanna Colony, TC Palya, within the limits of Krishnarajapura P.S., Bangalore. That accused No.1 with an intention to make illegal gain by running prostitution business. The accused No.1 indulged in brothel business by trafficking girls, by contacting the customers over phone, further she herself indulged in prostitution with the customers whenever the girls were not available. That accused No.1 indulged in making easy money by way of prostitution and seized articles subjected in PF No.64/2015 by drawing mahazar, later went to police station along with the seized S.C.No.1247/2016 articles and accused persons, and lodged complaint before the Police Inspector. Police Inspector registered the case in Cr.No.351/2015 for the offence punishable under Sec.370 of IPC and Sec.3, 4 and 7 of I.T.P Act.
25. Point No.5: From the discussion made herein above, it is clear that the accused No.2 to 4, deserves to be acquitted of the offences charged against them in this case. In the result, therefore, I proceed to pass the following:
O RDE R Acting under Section 235(1) of Cr.P.C., the accused No.2 to 4 are acquitted for the S.C.No.1247/2016 offences charged against them under Section 3, 4 & 7 of Immoral Traffic Prevention Act and Sec.370 of Indian Penal Code.