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IN THE HIGH COURT OF DELHI AT NEW DELHI
MUKTA GUPTA, J.
HASEENA - Appellant
Versus
STATE (NCT OF DELHI) - Respondent
Crl.A. 1026/2013
Decided on : 01-6-2016
Immoral Traffic (Prevention) Act - Conviction - Sections 3, 5(1)(d), 6 - Summary of Acts and Sections: ITP Act, 1956 - Sections 3, 5, 6, 174A IPC - The court discussed the evidence related to the offences punishable under Sections 3, 5(1)(d), 6 of the Immoral Traffic (Prevention) Act, 1956 and Section 174A IPC. It highlighted the definition of 'brothel' under Section 2(a) of the ITP Act, the evidence of the victim, and the presumption under Section 6(2A) of the ITP Act for exploitation of a minor for commercial purposes. The court also considered the execution of process under Section 82 Cr.PC and the appellant's failure to appear, leading to her declaration as a proclaimed offender.
Fact of the Case:
The case involved the conviction of Haseena for offences under Sections 3, 5(1)(d), 6 of the Immoral Traffic (Prevention) Act, 1956 and Section 174A IPC, based on the evidence of a victim who was forced into prostitution at a brothel.
Finding of the Court:
The court found that the evidence, including the victim's testimony and medical examination, proved the offences beyond reasonable doubt. It also noted the appellant's failure to rebut the presumption of exploitation of a minor for commercial purposes and her declaration as a proclaimed offender.
Issues: The issues included the appellant's challenge to the conviction, the admissibility of evidence, and the interpretation of relevant legal provisions such as the definition of 'brothel' under the ITP Act and the presumption of exploitation of a minor.
Ratio Decidendi: The court relied on the victim's testimony, medical evidence, and the execution of process under Section 82 Cr.PC to uphold the conviction and dismiss the appeal.
Final Decision: The appeal was dismissed, and the appellant was directed to undergo the remaining sentence.
MUKTA GUPTA, J.
1. Vide the judgment dated June 05, 2013 Haseena has been convicted for the offences punishable under Sections 3, 5(1)(d) and 6 of the Immoral Traffic (Prevention) Act, 1956 (in short ‘ ITP Act’) and for offence punishable under Section 174A IPC. She has been directed to undergo rigorous imprisonment for 3 years and fine of Rs.2,000/- for offence punishable under Section 3 ITP Act, rigorous imprisonment for 10 years and fine of Rs.2,000/- for offence punishable under Section 5(1) ITP Act, rigorous imprisonment for 10 years and fine of Rs.10,000/- for offence punishable under Section 6 ITP Act and rigorous imprisonment for 3 years and fine of Rs.6000/- for offence punishable under Section 174A IPC.
2. FIR No.136/2009 under Sections 365/368/372/373/376/109/506/34 IPC and Sections 3, 4, 5 and 6 ITP Act was registered at PS Kamla Market on November 09, 2009 after a raid was conducted by the police on the complaint of ‘M’ who stated that she was a resident of Darjeeling, West Bengal, belonging to a poor family. She had studied upto 7th standard. Her father remarried whereafter her mother also remarried due to which she was very disturbed. One day, she met a lady in the market who started speaking to her and stated that she would get ‘M’, a good employment in Delhi. Allured by her talks, she came to Delhi, along with that lady, in the month of March. The lady assured her that she would get her an employment in garment shop but the lady brought her to GB Road, Kotha No.57, First Floor left side. There were number of girls, of which Rajni told her that she had bought her from the said lady and ‘M’ will have to do prostitution. ‘M’ understood that the said lady had sold her after alluring her. One lady named Haseena was incharge of the Kotha. Rajni forced ‘M’ into prostitution, contrary to her wishes and when she refused, Rajni used to beat her and take all her money. ‘M’ was not permitted to go out and when police used to come for checking, ‘M’ used to be hidden inside. ‘M’ was very upset and wanted to go to her house. When the raiding team came to the Kotha, she told them the entire story. She sought legal action against all who had put her into prostitution contrary to her wishes i.e. Haseena, Rajni and the lady who brought her to the Kotha.
3. ‘M’ was medically examined on the same date and her MLC Ex.PW3/A was prepared by Dr. Neha Gupta which was proved by Dr. Annika Jindal PW-3. As per the MLC, on examination hymen was found torn besides large area of erythema and excoriation seen on entire labia majora and labia minora, small papillomatous growth on posterior vulva seen. Papillomatous growth was also seen below the urethra extending to anterior vaginal wall.
4. Statement of ‘M’ was recorded under Section 164 Cr.PC by the learned Metropolitan Magistrate who appeared as PW-6 and proved the proceedings and the statement.
5. During the course of trial, since co-accused Rajni absconded, she was declared as proclaimed offender vide order dated January 16, 2012 and the trial proceeded against Haseena who was convicted for offences noted above.
6. Learned counsel for the appellant Haseena challenging the conviction states that in the rukka the only allegation against Haseena is that she was incharge of the Kotha. Despite there being no allegation of forcing ‘M’ into prostitution or living on the earning of prostitution, the learned Trial Court came to the conclusion on the basis of sweeping statements. Statement of ‘M’ recorded after due counselling sessions cannot be said to be her voluntary statement. Even in Court, ‘M’ was reluctant to name Haseena however on confrontation she was forced to name Haseena. Even the investigating officer did not name Haseena initially. Moreover, Constable (in short ‘Ct.’) Tajender PW-5 though pointed out towards the Haseena did not state anything against her. Further he had visited Kotha No.57, First Floor, Left Side 2-3 days prior to the incident for routine check up, when no
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