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2016 Supreme(Kar) 47

RATHNAKALA
SHANKARE GOWDA @ SHANKARA – Appellant
Versus
STATE BY MADANAYAKANAHALLI POLICE STATION – Respondent


Advocates Appeared:
For the Petitioners: SRI S.CHETAN NAG, ADV.
For the Respondents: SRI CHETAN DESAI, HCGP FOR R1; SMT.JWALA POULSE, ADV. FOR R2)

Order :

Petitioner, who is arrayed as accused No.2, is charge sheeted in respect of the offence under Sections 3, 4, 5, 6, 7, 8 and 9 of the Immoral Traffic (Prevention) Act, 1956 (‘the Act’ for brevity) read with Sections 366A and 372 read with Section 34 of IPC. Now the matter is committed to the Sessions Court.

2. The gist of the prosecution story is, on a credible information about ongoing prostitution, the Circle Inspector with his staff and panchas raided one Arunodaya Residency Lodge on the night of 27.8.2010 and found that the accused No.1 had procured minor girls CW2 and 3 and lured CW4 with money and had sent them for prostitution through accused No.2 to the Lodge, thus was carrying on prostitution with the aid of accused Nos.3, 4 and 5.

3. Sri.S.Chetan Nag, learned Counsel appearing for the petitioner submits, CW1/C.P.I., Nelamangala, is not a designated Special Police Officer under Section 13 of the Act. On the basis of the Search Order dated 27.8.2010 issued to him by the Deputy Superintendent of Police, Nelamangala, he sent CW8/decoy witness, CW7/public person for investi



























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