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2016 Supreme(Del) 532

S.P.GARG
Bhagti Ram Pandey – Appellant
Versus
State N. C. T. of Delhi – Respondent


Advocate Appeared:
For the Appellant :Mr. Pramod Khanwar with Mr. Sher Singh, Advocates.
For the Respondent: Mr. Amit Ahlawat, APP.

JUDGMENT :

S.P. GARG, J.

1. Aggrieved by a judgment dated 02.08.2003 of learned Additional Sessions Judge in Sessions Case No.92/2001 arising out of FIR No.236/2001 registered at Police Station Kamla Market by which the appellant-Bhagti Ram Pandey was convicted under Section 366 read with Section 368 IPC and Section 3, 4 & 5 of the Immoral Traffic (Prevention) Act, 1956 (in short: ITP Act), he has preferred the present appeal. Vide order dated 14.08.2003, he was awarded various prison terms with fine. The substantive sentences were to operate concurrently.

2. Briefly stated, the prosecution case as reflected in the charge-sheet was that the appellant along with his associates Zarina @ Razia and Hasina abducted/seduced the prosecutrix ‘X’ (assumed name) before 21.06.2001 with an intention to compel or force her to have illicit intercourse. The appellant and his associates used to run a brothel at Kotha No.56, G.B.Road, Delhi and the prosecutrix ‘X’ was recovered from the said Kotha on 21.06.2001 at around 8.50 p.m.

3. On receipt of a secret information, raid was conducted by the police at Kotha No.56, G.B.Road and two girls ‘X’and ‘Y’(assumed name) were recovered from there. The Investi









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