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1. The case of prosecution is that, the Station House Officer of Police Station Kamla Market had filed a chargesheet before the court of Ld. Metropolitan Magistrate vide FIR No.192/2015 dated 28.04.2015 u/s. 323/365/366/ 368/370/370A(1)/376/342/343/109/120B/34 IPC and section 3/4/5/6 of ITP Act for the prosecution of accused persons Reshma, Chhoti, Rahul, Raja, Raju and Ronni @ Rocky in the court of ld. Metropolitan Magistrate. After compliance of the requirement of section 207 Cr. P.C. the case was sent to this court being the designated Special Fast Track Court for trial of the offences of sexual assault against the women through the Office of Ld. District & Sessions Judge (HQ), Tis Hazari Courts, Delhi. Keeping in view of section 228 (A) IPC and directions of Hon'ble Supreme Court in "State of Karnataka Vs. Puttraj 2004 (1) SCC 475" and "Om Prakash Vs. State of U.P. 2006, CRLJ. 2913", the name of prosecutrix is not being disclosed in the judgment.
But in this case FIR only accused Reshma was arrested and other accused persons namely Chhoti, Rahul, Raja, Raju and Ronni @ Rocky were not arrested by the police as they are absconding.
BRIEF FACTS OF THE CASE:
2. That, in this case criminal law was set into motion on 28.04.2015, when Inspector Yashveer Singh, was present in PS Kamla Market, then Shekhar and other person Shahalam Mandal came to police station and informed about missing of prosecutrix (his niece) from native place South 24 Paragana, West Bengal and alleged that she was being confined at Kotha No.58, First Floor, Left Side, G.B. Road, Kamla Market, Delhi. Inspector Yashveer Singh along with PW SI Padam Singh, HC Ram Sharan, Ct. Rajiv Jha, Ct. Yogesh and W/Ct. Sarita organized a raiding party and recorded DD No.20A, Ex.PW15/H in the police station and reached at Kotha No.58 and raid was conducted where prosecutrix namely 'MM' and 'RK' were recovered and accused Reshma was found present in the Kotha. PW15 Insp. Yashveer Singh recorded statement Ex.PW1/A of PW2 Prosecutrix 'MM'. On the basis of statement of prosecutrix 'MM' Ex.PW1/A, FIR No.192/2015 u/s. 365/368/370/370A(1)/ 376/342/343/ 109/120B/34 IPC and under section 3/4/5/6 of ITP Act was registered. In her statement, prosecutrix 'MM' had narrated that she belong to a poor family. They are 8 brothers and sisters consisting of 6 sisters and 2 brothers. Her father had died 56 years ago and her family are doing the work of embroidery (zari). She had stated that about one and half years prior to the lodging of the present complaint by her, one of her neighbour in her village namely Ms. Ujmonia (now accused since absconding) who used to visit her house, met her at her house and asked her to accompany her for search of work as they both wanted to do some work in Delhi. She could not get any work in Kolkata because she was illiterate.
9. That, during the course of investigation, exhibits were sent o FSL Rohini and chargesheet was filed in the court of ld. Metropolitan Magistrate. During course of trial, I.O. of the case has also filed the FSL report in the court.
CHARGE:
10. That, on the basis of material available on record as well as the evidence, collected by the I.O. during the course of investigation, Ld. Predecessor of this court vide order dated 10.03.2018 framed charges against accused Reshma for the offence punishable u/s 120B IPC, 366/368 IPC r/w 120B IPC, 370/370A (2) IPC r/w 120B IPC, 343 IPC, 109 IPC r/w 376 IPC and under section 3, 4, 5, 6 of ITP Act to which accused plead not guilty and claimed trial.
30. Ld. Addl. PP for the State further submitted that as per the deposition of both prosecutrix (s) PW2 and PW4 it has been clearly established on record that accused was responsible for obtaining their custody, then confining them in her brothel and accused had been using them as prostitute and offering them to different2 customers for sexual activities and was earning money and the accused was using the said money. As such, accused is liable to be convicited u/s section 3,4, 5 and 6 ITP Act.