B.K.SHARMA, J. - (1.) THIS is an appeal against the judgment and order dated 26.7.1980 passed by the then Sessions Judge, Tend Garhwal Sri. D. P. Srivastava, in S. T. No. 9 of 1980 (UK) State v. Prema Devi alias Prema Chowdhrain, under Sections 368, 373,366,372, I. P. C. and under Section 3/5 Suppression of Immoral Traffic in Women and Girls Act, 1956, whereby he convicted the accused-appellant Prema Devi @ Prema Chowdhrain tor the offences under Sections 3 and 5 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 and sen­tenced her to suffer R. I. for a period of one year each for the offences under Sections 3 and 5 of the said Act. Both the sentences were ordered to run concurrently.
(2.) THE prosecutrix in this case was Meema alias Geeta. Padam Das (PW6), a social worker at Mussoorie received an ap­plication of Meema alias Geeta addressed to Collector, Dehra Dun (F.I.R. Ext. Ka-1) through post in which she gave her age as 17-18 years and said that one Shanti Lal came in Phuwan Gaon and enticed away her as well as her husband to Mussoorie on the pretext of getting them employed in some service, then took her to Jwalapur where other ladies were also carrying on the busi­ness of prostitution, that she was also taken by him to the said place at Jwalapur and she was also asked to carry on the profession of prostitution against her will, that she was sold to accused Prema Devi, who was a pros­titute and was carrying a den of prostitution. It was prayed in it that she be got released from there. It was also said in it that she wanted to go with her husband to her vil­lage. In the application Kesari co-accused was described as her husband. The stamp on the said written report showed that it was purchased on 22.4.1978 by Kesari co-ac­cused. Padam Das (PW6) passed on the said application (F.I.R. Ext. Ka-1) to the Commissioner. Later on it was forwarded for action to Circle Officer II, Mussoorie and on the orders of Circle Officer II a chick report was prepared and a case was registered on 28-6-78 under Sections 366, 372,376, I.P.C. at police station Mussoorie. The case related to Patti Godar Uttar Kashi. During the investigation Prema Devi ac­cused-appellant was arrested on 28-3-1980 at the pointing out of the prosecutrix Smt. Meema. A recovery memo, Ext. Ka-6, was prepared in respect of her. Co- accused Kesari was also arrested during the inves­tigation. The investigation Officer had prepared site-plans of various places viz. Damta, Mussoorie and Jwalapur where co-accused Kesari along with one Shanti had taken the prosecutrix from time to time. The site-plans were Exts. Ka-9, Ka-10 and Ka-11, respectively. He also prepared the site plan or Chami (Ext. Ka-12). The age of prosecutrix estimated on the medical evidence was between 20-25 years on 25-3-1980 and on the evidence of her father at the trial her age was 18-20 years at that time. So in any case her age came to be near about 18 years on the date of the occurrence.
(3.) AT the trial, the learned Sessions Judge found that Kesri co- accused was en­titled to acquittal for the charge under Sec­tion 363,I.P.C. but found him guilty for the offence under Section 366, I.P.C. and also for the offences under Sections 3 and 5 of the Suppression of Immoral Traffic in Women and Girls Act, 1956. In regard to Prema Devi @ Prema Chowdharain, be awarded an acquittal for the offences under Sections 368, 372 and 373, I.P.C. but con­victed her of the offences under Sections 3 and 5,pf the Suppression of Immoral Traffic in Women and Girls Act, 1956.;