- (1.) This appeal is directed against the judgment dated 12.5.2008 passed by the learned Additional Sessions Judge, VIth Fast Track Court, Bichar Bhawan, Calcutta in Sessions Trial No. 3 of September, 2007 arising out of Sessions case No. 75 of 2005. By the said impugned Judgment, the learned Trial Court convicted the appellant Asha Tamang under Section 373 IPC. She was sentenced to suffer R.I. for 8 years and to pay a fine of Rs. 3000/- in default whereof to suffer rigorous imprisonment for one year more vide order dated 13.5.2008. She was, however, acquitted of the charge under Section 366B of the Indian Penal Code.
(2.) Factual matrix leading to filing of this appeal may be capsulised as under: Maya Tamang, a minor girl was brought to Calcutta from Nepal and was forced to prostitution at the instance of the appellant Asha Tamang in her brothel at 5/2, Durga Charan Mitra Street, Calcutta. The Immoral Traffic Section of the Detective Department, Lalbazar, Kolkata conducted a raid to work out its source information on the premises in question and the minor victim Maya Tamang was rescued from a room of the brothel in the presence of Asha Tamang, the appellant. On the basis of the victim Maya's statement recorded by the Police Bartala P.S. Case No. 98 dated 15.6.2007 under Section 366B/373 IPC was registered against the appellant Asha Tamang for investigation. In course of investigation, the minor victim was medically examined and it was opined by the doctor that the victim was habituated to sexual intercourses. On her ossification test, the doctor opined that she was aged about 15 years but below 17 years on the date of radiological examination.
(3.) Several witnesses were examined and their statements were recorded under Section 161 CrPC by the Investigating Agency. It transpired from the Municipal record in course of investigation that premises wherefrom the victim girl was recovered was 5/2, D. C. Mitra Street, Calcutta. However, at the preliminary stage when the raid was conducted the premises was identified as 5, D. C. Mitra Street which was also reflected in the victim's statement as also in the seizure list. Accordingly, the relevant P.S. Case was registered indicating that the victim was rescued from a brothel at 5, D. C. Mitra Street, Calcutta. On completion of the investigation, the appellant, Asha Tamang was charge-sheeted under Section 366B/373 IPC.;