IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.125 of 2013 Arising Out of PS. Case No.-8 Year-2012 Thana- WEST CHAMPARAN GRP CASE District- West Champaran ======================================================

Jivan Kumar Sampang, S/o Jitbat Sampang @ Jit Bahadur Sampang Resident- Suswa, Ward No.6, P.S- Chainpur, District- Dhankuta (Nepal)

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Prince Kumar Mishra, Amicus Curiae.

For the Respondent/s : Mr. Z. Hoda, APP.

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

ORAL JUDGMENT

Date : 05-11-2018 Heard Mr. Prince Kumar Mishra, learned Amicus Curiae and learned APP for the State on this criminal appeal.

2. This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dated 20.12.2012 passed by Adhoc Additional Sessions Judge-III, West Champaran, Bettiah in Sessions Trial No. 325 of 2012 arising out of Raxaul (Rail) P.S. Case No. 08 of 2012, whereby the learned trial court convicted the accused Jivan Kumar Sampang for the offence punishable under Section 5 of the Immoral Traffic (Prevention) Act, 1956 and sentenced him to undergo R.I. for three years and six months and also slapped him with the fine of Rs. 2000/- and in case of default of payment of fine to further undergo S.I. for one month under the aforesaid Section.

3. Factual matrix of the case is that Raxaul (Rail) P.S.

Case No. 8 of 2012 was instituted under Sections 4/5 of the Immoral Traffic (Prevention) Act, 1956 against the accused Jivan Kumar Sampang and Prakash Choudhary on the basis of written report of Suman Kumar Paswan, Secretary, Dalit Mahila Jan Kalyan Sansthan with the allegation in succinct that on 29.04.2012 at around 08:05 AM, he along with his volunteer namely Babita Purasaini was imparting advice to the commuters of Satyagrah Express Train at Raxaul Railway Station regarding safe journey in the train. In the meantime, they spotted a girl namely Sarita Sah sitting between two persons in the suspected condition in a general bogie of the train. Sarita Sah disclosed the name of one of the persons as Jivan Kumar Sampang and also divulged that he had asked her to send her to Kuwait to earn money and on her disclosure that she was not having passport, VISA and necessary certificates of the Nepal, he had assured her to get her passport, VISA and other documents prepared within 4-5 days at Delhi and send her to Kuwait. On grilling the aforesaid two persons, they disclosed their names as Prakash Choudhary and Jivan Kumar Sampang. On quizzing by Babita Purasaini, she also divulged her that the aforesaid accused persons are taking her to Delhi by Satyagrah Train to send her to Kuwait by hoaxing. Then aforesaid three persons were got alighted from the train and taken to G.R.P.

police station.

4. Aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge-sheet against the accused persons, namely, Jivan Kumar Sampang and Prakash Choudhary under Sections 376/177 of the Indian Penal Code and Sections 4/5 of the Immoral Traffic (Prevention) Act, 1956.

5. On receiving the chargesheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence against the aforesaid two accused persons namely Jivan Kumar Sampang and Prakash Choudhary and committed the case to the court of sessions and after commitment and on transfer finally the case came in the seisin of Adhoc Additional Sessions Judge-III, West Champaran, Bettiah for trial.

6. Charge against the accused persons, namely, Jivan Kumar Sampang and Prakash Choudhary was framed under Section 177 of the Indian Penal Code and Section 4 and Section 5 of the Immoral Traffic (Prevention) Act, 1956 and further charge against the accused Prakash Choudhary was framed under Section 376 of the India