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2014 Supreme(Bom) 150

In the High Court of Bombay at Goa
T.V. NALAWADE, J.
Ranjana Pathak
Versus
State, Through Public Prosecutor
Criminal Appeal No.1 of 2011
Decided on: 22-01-2014

Advocates Appeared:
For the Appellant:Asha Dessai, Advocate.
For the Respondent: S.R. Rivankar, Public Prosecutor.

Headnote:(A) Goa Children's Act (2003), S.30 - Jurisdiction of Children's Court to conduct trial-Medical evidence coupled with oral evidence shows that prosecutrix is below 16 years of age - Children's Court has jurisdiction to conduct trial.

       (B) Immoral Traffic (Prevention) Act (1956), Ss.4(1), 5(1)(d) - Criminal P.C. (1973), S.178 - Participation in sex racket - Conviction - Girls are kept rotating from place to place and this is a continuing offence - Provision of S. 178(b) to (d) of Cr. P.C. would apply-Medical evidence proved that prosecutrix was subjected to sexual intercourse - Prosecutrix was brought from Bangladesh and forced into flesh trade-Conviction and sentence affirmed.

       

JUDGMENT

The appeal is filed against judgment and order of Special Case No.26/2006 which was pending before the President, Children's Court for the State of Goa at Panaji. The appellant is convicted and sentenced for offences punishable under Section 323 and 342 of Indian Penal Code. She is also convicted and sentenced for offences punishable under Section 4(1), 5(1)(d) of Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as 'PITA'). The maximum sentence of imprisonment given to the appellant is 7 years under PITA. She is also directed to pay compensation of Rs.50,000/- to the victim girl under the provisions of PITA. Both the sides are heard.

2. In short, the facts leading to the institution of the appeal can be stated as follows:

The prosecutrix is a Bangladeshi national. At the relevant time, she was aged about 14 years. One Parveen alias Aarti hails from the village of prosecutrix from Bangladesh. Jitendra alias Jitu is the husband of Aarti. Aarti, her brother and father used to visit the house of the parents of the prosecutrix. They were insisting the father of the prosecutrix to send his daughter to Dubai for work and they were representing that there was opportunity to make good income. Ultimately, the father of prosecutrix consented to send the prosecutrix to Dubai. He made the arrangement of money for preparation of records like passport, etc. and this amount was given by the father of prosecutrix to relatives of Aarti. In November, 2004, the aforesaid persons took prosecutrix from the custody of her father. They somehow crossed the border of Bangladesh and entered West Bengal, India without valid papers. From Hawra, the prosecutrix was taken to Mumbai by train. Jitu played major role in taking the prosecutrix across the border. After reaching India, Jitu gave instructions to prosecutrix and two other similar girls who were brought to India from Bangladesh, not to disclose their real name and address. He gave caution to them and said that in case of disclosure of real information it may not become possible to them to return to Bangladesh. They were given names of Hindus from India. When the prosecutrix reached to Mumbai, she noticed that Aarti had already reached Mumbai. Jitu and Aarti purchased clothes for these girls and they did some work on these girls like colouring their hair, bleaching their body, etc. The two other girls were sent to Bangalore and the prosecutrix was taken to the room of one Rekha from Mira road, Mumbai. The prosecutrix was kept there for few days and she was told that they were finding job for her. The prosecutrix is educated up to 8th standard and as it was new country for her, she could not make any guess about the intention of these persons.

3. After few days, Aarti sent prosecutrix to Ahmadabad, Gujarat with Rekha and Anju. Aarti was taken to the lodge of one Mukesh. There attempt was made to force the prosecutrix to allow one man to have sexual intercourse. The prosecutrix started crying and she refused for doing so. This man asked Mukesh to take the prosecutrix away and thus the first attempt of these persons failed. These persons gave severe beating to prosecutrix. Anju also took part in giving her beatings. They stopped supplying food to prosecutrix and they gave threats to starve her. They insisted that she should work as a prostitute for them. Aarti reached Ahmadabad in the meantime.

4. On the next day, the prosecutrix was again taken to the lodge of Mukesh. On this occasion, the prosecutrix was confined in a room with customer. This customer raped the prosecutrix and for doing so Aarti and Anju helped the customer. The prosecutrix had bleeding through her private part. The amount of Rs.50,000/- was taken from the customer by these persons and representation was made to the said man that prosecutrix was virgin. As the bleeding did not stop, the prosecutrix was taken to Mumbai and there some medical treatment was given to her. After recovery of prosecutrix from aforesaid











































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