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2016 Supreme(Del) 2697

S.P.GARG
PADMA – Appellant
Versus
STATE NCT OF DELHI – Respondent


Advocates Appeared:
For the Appellant :Mr. Mohit Mathur, Senior Advocate with Mr. Amitabh Narendra and Mr. Mohd. Shahrukh Hussain, Advocates.
For the Respondent: Mr. Tarang Srivastava, Appellant.

JUDGMENT :

S.P. GARG, J.

1. Challenge in this appeal is a judgment dated 25.09.2013 of learned Addl. Sessions Judge in Sessions Case No. 16/2012 arising out of FIR No. 94/10 PS Kamla Market by which the appellant-Padma was held guilty for committing offences punishable under Section 368 IPC and Sections 5 & 6 Immoral Traffic (Prevention Act), 1956 (in short ‘ITP Act’). By an order dated 27.09.2013, she was sentenced to undergo RI for seven years with fine Rs. 5,000/- under Section 368 IPC; RI for ten years with fine Rs. 2,000/- under Section 5(d) of ITP Act; and, RI for seven years with fine Rs. 3,000/- under Section 6 of the ITP Act. The sentences were to operate concurrently.

2. Briefly stated, the prosecution case as set up in the charge-sheet was that on 06.08.2010, PW-9 (Insp. Surenderjeet Kaur) along with Insp.Brijesh Mishra was on patrolling duty in the area. When they reached at Police Booth Division No. IV at around 03.30 p.m. Smt. Meera Naidu – victim’s mother and Bapi Mondal, her maternal uncle met her and produced a missing report (Ex.PW-9/A) lodged by them at Police Station Sonarput, West Bengal about ‘X’ (assumed name). PW-3 (SI Jaswant Singh) also reached the spot. Koth










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