Criminal Appeal (SJ) No. 428 of 2013. Case: Shila Devi Vs The State of Bihar. High Court of Patna (India)
| Case Number | Criminal Appeal (SJ) No. 428 of 2013 |
| Counsel | For Appellant: Neeraj Kumar, Adv. and For Respondents: Bipin Kumar, APP |
| Judges | Gopal Prasad, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 164; Immoral Traffic (Prevention) Act, 1956 - Sections 3, 4, 5, 6, 9; Indian Penal Code 1860, (IPC) - Sections 372, 373 |
| Judgement Date | October 06, 2015 |
| Court | High Court of Patna (India) |
Judgment:
Gopal Prasad, J.
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Heard the learned counsel for the petitioner and the State.
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The appellant has been convicted under Section 5 of the Immoral Traffic (Prevention) Act, 1956, and has been sentenced to undergo rigorous imprisonment for seven years.
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The prosecution case, as alleged in the self statement of the informant, Santosh Kumar, the Probationary Sub Inspector of Police, dated 13.06.2012, at 06.30 A.M. that on 11.03.2012 he was on patrolling to raid and arrest the warrantee accused along with Sanjeet Kumar P.W. 3, Yogendra Prasad P.W. 7, Rajesh Kumar P.W. 4, Navneet Kumar P.W. 2, Ameri Paswan (not examined). While they were returning from the raid at 05.00 A.M. on 12.03.2012 and reached Mahanth Sah Chowk, a lady aged about 50 years and a girl aged about 14 years were going on rickshaw towards west. While going on rickshaw the girl was protesting repeatedly with the old lady, the police having found some suspicion apprehended rickshaw and on enquiry it was found that there was variation in the statement of the accused, the girl and lady, which created some suspicion. The girl disclosed that the old lady is taking her to Boha Tola by force and the enquiry was made from the old lady and the minor girl and old lady were brought to the Police Station and information was given to the police line for sending the lady police. On enquiry the old lady disclosed her name as Shila Devi, wife of Krishna Singh @ Kishan Singh, resident of village Barh Bihari, Meghi Tola, P.S. Pandarak, district Patna. She also disclosed that she has come from Sitamarhi for getting the bail of her husband and she was going to Boha Tola in the house of her relative. On enquiry from the minor girl, she disclosed her name as Renu Kumari, daughter of Gajendra Yadav, resident of Phulwarisharif, P.S. Phulwarisharif, Patna, but, disclosed that at present she was living with her mausa, Jitendra Yadav and mausi Savita Devi, residents of village Bihta, district Patna. She, further, disclosed that her step-mother has sent her with Shila Devi to Sitamarhi and she does not know the name of her step-mother. Shila Devi disclosed that she is going to her husband, who is in jail and after visiting her husband she will return back, but, on reaching Sitamarhi she disclosed that she has to go to Boha Tola Mohalla in the house of her relative. The minor girl Sugi Kumari doubted that she is being taken for selling her for prostitution and so she was protesting on rickshaw. In the meantime, the police reached. The, further, case of the prosecution is that on the statement of the old lady regarding her relative at Boha Tola enquiry was made and on enquiry it was learnt that none of the relative of Shila Devi live at Boha Tola and it was also learnt that Shila Devi is accused in a case bearing Sitamarhi P.S. Case No. 179 of 2008, dated 26.04.2008, for offence under Sections 372/373 of the Penal Code and 3, 4, 6 and 9 of the P.T. Act and her husband is an accused and is in jail in that case, hence, on these facts it was inferred that Shila Devi, wife of Krishna Singh @ Kishan Singh, resident of village Barh Bihari, Meghi Tola, P.S. Pandarak, district Patna, is taking the minor girl for the purpose of selling and to compel her for prostitution.
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On the self statement of the informant, first...
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