IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD, JJ.
Smt. Geeta Rakesh - Appellant
Versus
State of U.P. - Respondent
(Criminal Appeal No. 6107 of 2018
Decided on : 04-01-2023
| Table of Content |
|---|
| 1. conviction details and legal framework. (Para 2 , 3 , 4) |
| 2. details on release of inmates and non-compliance. (Para 6 , 10 , 12) |
| 3. arguments regarding legality of actions and service of orders. (Para 28 , 29 , 30 , 31 , 36) |
| 4. analysis of legal thresholds for trafficking charges. (Para 72 , 80) |
| 5. appeal granted; conviction reversed. (Para 82) |
JUDGMENT :
Ashwani Kumar Mishra, J.
Heard Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Aditya Gupta as well as Ms. Saumya Chaturvedi for the appellant; Km. Meena, learned AGA for the State and Sri Faiz Ahmad and Sri Yashdeep Rastogi holding brief of Sri Imran Ullah on behalf of PW-2 and perused the records of the present criminal appeal.
2. This criminal appeal is directed against the judgment and order dated 6.10.2018, passed by the Special Judge (POCSO Act)/VIII Additional Sessions Judge, Agra in Special Trial No. 1848 of 2017 arising out of Case Crime No. 455 of 2017, under Sections 370(3), 370(5), 370(7), 363, 188, 120B IPC; 9 Immoral Traffic (Prevention) Act and Section 16 /17 POCSO Act, Police Station - Etmaddaula, District Agra; whereby the appellant Smt. Geeta Rakesh has been convicted under Section 370(3) IPC and sentenced to 10 years rigorous imprisonment alongwith fine of Rs. 50,000/- and on its failure to undergo additional rigorous imprisonment of six months; under Section 370(5) IPC sentenced to 14 years rigorous imprisonment alongwith fine of Rs. 1,00,000/- and on its failure to undergo additional rigorous imprisonment of one year; under Section 370(7) IPC sentenced to rigorous life imprisonment alongwith fine of Rs. 1,00,000/- and on its failure to undergo additional rigorous imprisonment of one year; under Section 363 IPC sentenced to five year rigorous imprisonment alongwith fine of Rs. 1,00,000/- and on its failure to undergo additional rigorous imprisonment of one year; under Section 188 IPC sentenced to six months simple imprisonment alongwith fine of Rs. 1,000/- and on its failure to undergo additional simple imprisonment of one month; under Section 120B IPC sentenced to rigorous life imprisonment alongwith fine of Rs. 1,00,000/- and on its failure to undergo additional rigorous imprisonment of one year; under Section 9 Immoral Traffic (Prevention) Act sentenced to 10 years rigorous imprisonment alongwith fine of Rs. 1,00,000/- and on its failure to undergo additional rigorous imprisonment of one year; and under Section 16 read with Section 17 of the POCSO Act sentenced to rigorous life imprisonment alongwith fine of Rs. 1,00,000/- and on its failure to undergo additional rigorous imprisonment of one year. All the sentences are directed to run separately.
3. Accused appellant Geeta Rakesh was posted as Superintendent of Government Protection Home (Women) at Agra. It transpires that the State Authorities at Allahabad undertook an exercise referable to Section 16 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as ''the Act of 1956'), wherein sixty seven females and thirty seven children involved in immoral trafficking were rescued. These rescued victims were then produced before the magistrate exercising jurisdiction under Section 17 of the Act of 1956, who proceeded to pass an order on 21.5.2016, directing these rescued victims to be lodged at the Government Protection Home (Women) at Agra under the care and control of the accused appellant. The order dated 21.5.2016 specified the term of detention of the recovered inmates to be one year or further orders. As per this order the detainment period of one year was to expire on 20.5.2017. The accused appellant released forty three inmates alongwith their eight children between 21.5.2017 to 23.5.2017 apparently on the ground that the period of their detainment had come to an end. Release of these rescued victims by the appellant has ultimately led to her prosecution and consequential sentence.
4. It appears that the magistrate, who had passed the initial order of detainme
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The interpretation of Sections 19, 20, and 21 of the POCSO Act was crucial in determining the liability of the accused for failure to report offences, leading to their discharge for certain charges.
Commission of a jail offence is no legal ground to deny premature release to a convict, especially when the person has been punished for such a misconduct.
State Government lacks authority to suspend sentences and grant parole to convicted prisoners during active appeal proceedings, highlighting the importance of adhering to statutory regulations.
Allegations of trafficking must meet statutory definitions; insufficient evidence or lack of necessary sanction renders related charges unsustainable.
The main legal point established in the judgment is that the grant of bail must be based on relevant considerations, and the heinous nature of the offence, statutory presumptions under the POCSO Act,....
Point of Law : Detenue is already in custody in some other case, at time when the preventive detention order was passed, and should also satisfy the other parameter
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