IMPORTANT POINT
The prosecution must establish guilt beyond a reasonable doubt, and lack of corroborative evidence from victims can lead to acquittal.

JUDGMENT :

Pankaj Purohit, J.

Delay Condonation Application (IA/1/2024)

Heard learned counsel for the parties on Delay Condonation Application.

2. As per office report, there is a delay of 72 days in filing the Government Appeal against the impugned judgment and order. Since, the reasons given by the State in the Delay Condonation Application supported by the affidavit, are sufficient and well explained, therefore, the delay in filing the government appeal is condoned. Delay Condonation Application (IA/1/2024) made therefor is allowed.

Special Leave to Appeal No.214 of 2014

3. Heard learned counsel for the parties on Leave to Appeal Application.

4. This leave to appeal has been preferred by the State/ appellant against the judgment and order dated 30.11.2023 passed by learned IVth Additional Sessions Judge, Haridwar in Sessions Trial No.77 of 2019 State Vs. Seema and Another, whereby, the respondents/accused persons have been acquitted of the charges leveled against them under Sections 370(1)(2), 354, 342 IPC and Section 4/5/6 of the Immoral Traffic (Prevention) Act, 1956.

5. It is the case of the prosecution in short that Anti Human Trafficking Cell, Haridwar got certain information on 29.09.2014 that the respondent/accused Seema has rented an accommodation in Tehri Visthapit Colony, Ranipur, Haridwar, where, she was running a sex racket business with co-accused Shahnawaz (who died during trial). At this information, Inspector Vijay Chandra Singh Gusain along with police party went to the house in-question and knocked the door at around 04:00 PM; after some time, one woman and a man came out in objectionable position. In the other room, 04 women/victims were found sitting in a corner; on being questioned, the woman told her name as Seema w/o Bablu @ Ramesh Jaat, R/o Shagna Police Station Purkaji, District Muzaffarnagar, Uttar Pradesh and the person found in objectionable condition revealed his name as Satish, S/o Shivcharan, R/o Ramdham Colony Mahdood Thana Ranipur Haridwar. On being searched from the left pocket of trousers, two condoms of masti brand were recovered and a Samsung mobile black Reliance Sim No. 9358797670 and two notes of 100 Rs. were recovered. The another person, who revealed his name Shahnawaz (deceased), was also searched and on being searched, a Samsung Duo black colored mobile Sim No.8495419671 from left pocket of trouser and another Carbon A-51 mobile Sim No.8006306994 from another pocket, were recovered and from the back pocket of trouser, three notes of Rs.100/- and visiting card were also found from the black vallet. The recovered mobiles were sealed and the vallet and notes were sealed in a white cloth and fard was prepared. In another room, four women were found and on being asked one-by one, they told their name and address. One gave her name as Lovely D/o Aino Sheikh, R/o Gali No.2, Simb Nagar, Indira Camp, Maharani Bag, Delhi and told that Shanawaz had brought her from Delhi on the pretext of getting work in Haridwar and pushed her into this prostitution business by threatening and committing maarpeet. She told that she is originally from Calcutta; she was kept hostage and not allowed to go anywhere; she did not want to stay there and asked the police to save her; on being searched, a mobile phone was recovered from her possession. The second victim gave her name as Chinki d/o Harish Chand, R/o Sarafa Bazar, Thana Kotwali Muzaffarnagar; she told that Shahnawaz brought her to Seema on the pretext of job and pushed her to prostitution business; she also informed the police that the respondents/accused persons also charged thousands of money for introducing them to the customers; on being searched, a mobile phone and one white lady’s bag was recovered from her. The third victim told her name Farhana D/o Mohd. Hanif, R/o Sarvat Peeth, Thana Kotwali Muzaffarnagar and the fourth victim told her name as Sonia @ Annu D/o Subhash Kashyap, R/o Shakumbhari Vihar, Thana Kotwali Dehat Saharanpur, Uttar Pradesh. They