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2019 Supreme(Bom) 854

S.S.SHINDE
Soni Lalima Tamang – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Rati Sinhasane, Adv., Umesh R. Mankapure, Adv., A.R. Patil, Adv.

JUDGMENT :

S.S. Shinde, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel for the parties.

2. At the outset it is required to be noted that since the crime registered by the Police is under the Immoral Traffic (Prevention) Act, 1956 so also under the Indian Penal Code and Victim is alleged to have been compelled to involve herself in prostitution, the identity of the victim needs to be concealed, and hence she is referred to as Petitioner No.2 - XYZ. The Registry is directed to maintain the record accordingly.

3. Brief facts as disclosed in the Petitioner are as under : It is the case of the Petitioner that, Petitioner No.1 herein is the sister of Petitioner No.2, who is the victim in the aforesaid First Information Report. The Petitioners herein are challenging order dated 25.03.2019 passed by District Judge 4, Sangli in Criminal Appeal No. 32 of 2019 arising out of Order dated 02.02.2019 passed by learned Judicial Magistrate First Class, Sangli in Criminal Misc. No. No. 622 of 2018 rejecting the application of the present Petitioner for the custody of Victim XYZ.

4. It is the case of the Petitioner No.1 that, the First Information Report

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