- (1.) Both these appeals emanate from the common judgment dated 19.3.2013 passed by Addl. Sessions Judge, Court no.-1, Maharajganj in S.T. no. 90 of 2012 arising out of crime no. 459/12 P. S. Sonoli District Maharaj Ganj whereby each appellant had been convicted u/s 370 IPC and section 5 of The Immoral Traffic (Prevention) Act, 1956 and sentenced to undergo seven years' R.I. under each section with fine of Rs. 10,000/- and Rs. 2,000/- respectively with default stipulation. However, both the accused-appellants have been acquitted for the offence punishable u/s 371 IPC.
(2.) Succinctly stated the facts of the case, as borne out from the FIR and the evidence adduced by the prosecution during trial, are that on 12.6.2012 at 3.30 p.m. Km. Budhi Maya Sunar daughter of Bal Bahadur Sunar resident of Sunval, Gram Vikas Samiti Ward no. 8, Navalparasi, Nepal submitted a written report at P. S. Sonoli stating that few days ago a Nepali woman came at her house and advised her to take up job in Saudi Arabia for higher income and she would not have to incur any travelling expenses. On her assurance she gave her photo etc. On 11.6.2012 Nayyar Kamal s/o Mohd. Ayyub r/o village Kayar, P. S. Sarai Khawaja District Jaunpur and Mohd. Ali Al Gitar s/o Ali r/o Damman, Saudi Arab came at her residence and said that her passport and Visa had been prepared and she had to accompany them for Saudi Arab. It was further stated that apart from the complainant, the accused have also prepared Smt. Tulsi w/o Gokul r/o Gram Vikas Samiti Ward no. 8, Gulmi (Nepal) and Raj Kumari s/o Govind Sonar r/o Gram Vikas Samiti Ward no. 3, Gulmi (Nepal) for going with them to Saudi Arab. Both the accused persons on 11.6.2012 brought all of them, lodged them in Niranjana Hotel and in the night they shifted them to Hotel Indo Nepal. They were talking that three women have been arranged, they would get Rs. One Crore by selling them in Saudi Arab and then she came to know that on the pretext of getting them job they would sell them and would sexually exploit them. They informed about the talks of the accused persons to Hotel staff Kamlesh Singh, Ashok Singh, Manager Sunil Khare and Top Bahadur Thapa. Both these accused assured the other women that after getting their Passport and Visa prepared they would also take them. The written report of Buddhi Maya contained the thumb impressions of Smt. Raj Kumari and Smt. Tulsi and it was registered at case crime no. 459/212 u/s 370, 371 IPC and section 5 The Immoral Traffic (Prevention) Act, 1956, investigation whereof was taken up by SHO Ashwini Kumar Sinha. He recorded the statements of the complainant and her companions Smt. Tulsi, Smt. Raj Kumari, Sunil Kumar Khare and Kawaljit Singh. Thereafter the investigating officer interrogated both the accused, who allegedly confessed their guilt. The Passport of accused Ali Al Gitar and ID proof of Nayyar Kamal were seized and they were taken into custody and lodged in police station at 10.10 p. m. on 12.6.2012. The complainant and her female companions were given in the supurdgi of Nepal police. On 18.6.2012 all the three victims along with people of India-Nepal Maitri Sangh appeared in the Court for statements u/s 164 Cr. P. C. and the same day place of incident was inspected at the instance of the complainant. On 20.6.2012 the investigating officer inspected reception registers of Niranjana Hotel and Indo Nepal Hotel and obtained photo-copies thereof, which revealed that both the accused along with ladies Budhi Maya, Tulsi and Raj Kumari had checked in rooms no. 202 and 204 of Hotel Niranjana on 11.6.2012 at 6.00 p.m. and left at 11.00 p.m. the same night. The rooms were booked by accused Nayyar Kamal. According to the reception register of Hotel Indo Nepal, its room nos. 104 and 105 were got booked by accused Nayyar Kamal on 11.6.2012 at 22.30 hrs. the investigation culminated into charge-sheet against the accused persons.
(3.) After committal of the case to the Court of Session, charges for the offence punishable u/s 370 and 371 IPC and Section 5 The Immoral Traffic (Prevention) Act, 1956 were framed against both the accused, who abjured their guilt and claimed trial.;