SADHANA S. JADHAV, J.

1. Heard. The Appellant is convicted vide judgment and order dated 4.2.2016 passed by the Learned Additional Sessions Judge, Kalyan in Sessions Case No. 90 of 2015 for the offence punishable under Sections 370 (2) (3) of the Indian Penal Code and sentenced to suffer R.I. for 7 years and to pay fine of Rs.2,000/-, in default, to suffer S.I. for 15 days. The Appellant is also convicted for the offence punishable under Section 3 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to suffer R.I for one year and to pay fine of Rs. 2,000/-, in default, to suffer S.I. for 15 days. The Appellant is also convicted for the offence punishable under Section 4 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to suffer R.I. for two years and to pay fine of Rs.1,000/-, in default, to suffer S.I. for 15 days. The Applicant is also convicted for the offence punishable under Section 5 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to suffer R.I. for three years and to pay fine of Rs.2,000/-, in default, to suffer S.I. for 15 days. All the sentences are run concurrently.

2. Such of the facts necessary for the decision of the appeal are as follows.

3. The case of the prosecution is that Anti Women Trafficking Cell, Thane had received a secret information that the present Appellant runs a brothel in the guise of a beauty parlour in the name and style of Modern Beauty Parlour. The ACP had directed PSI, Crime Branch, Thane to inquire and investigate into the matter. Accordingly, the PSI of Crime Branch, Thane had decided to lay a trap by engaging a decoy customer and investigating the case further. He had accordingly called upon the non-government organization (NGO) - Rescue Foundation at Kandivali and requested them to aid the PSI in conducting the raid. Accordingly, they had deputed one Kamal Punjabi to act as decoy. It is pertinent to note that the money, which was to be used in the said transaction, was also given by Rescue Foundation. On behalf of Rescue Foundation, Nitin Mungekar and Vaishali Doiphode (PW2) were present at the time of raid as they were requested to act as panchas. That Kamal Punjabi was sent to the said parlour along with trap amount. He was directed to give a predetermined signal, once the money is accepted. Accordingly, he had shown his willingness to engage one of the ladies in the parlour i.e. Ms. X. The raiding party including Vaishali Doiphode had been inside the parlour and they had seen that the decoy customer Kamal Punjabi was in the company of Ms. 'X'. The money was recovered from the present Appellant. PW1 filed FIR on behalf of the State on 9th December, 2014 in respect of the said raid. On the basis of the said report, Crime No. 331 of 2014 was registered at Vitthalwadi Police Station against the present Appellant for the offence punishable under Section 370 (2) of the Indian Penal Code and under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956. After completion of investigation, the charge-sheet was filed and the case was registered as Sessions Case No. 90 of 2015. The prosecution had examined four witnesses to bring home the guilt of the accused.

4. Pw1 is the complainant Sharad Panje, who was officiating as PSI, Crime Branch and who had carried out the investigation by initiating the raid. It is admitted that he has not taken entry in the station diary or case diary about the information received by him or directions issued by ACP, Anti Women Trafficking Cell. It is not known as to why he had called upon Rescue Foundation to aid him. The decoy customer was nominated by Rescue Foundation. The trap money was given by Rescue Foundation.

5. Pw2 Vaishali Doiphode was also working with Rescue Foundation. She had acted as a panch and was a member of the raiding party.

6. Pw3 is Shakil Shaikh, PI, Crime Branch, Thane. He had conducted the rests of the investigation, arrested the accused and obtained a report under Section 154 of Cr.P.C. from PSI