Manojit Mandal, J. - (1.) These two appeals are directed against the judgment and order of conviction dated 13.02.2015 and 16.02.2015 passed by the learned Additional District and Sessions Judge, Fast Track, 1st Court, Kontai, Purba Medinipur in Sessions Trial No. 03 (September, 2011) arising out of Sessions Case No. 221 (August, 2011) convicting the appellants under Section 366/366(A)/367/372/34 of the Indian Penal Code and under Sections 3/4/5/6 and 9 of the Immoral Traffic (Prevention) Act and sentencing the appellants Laxmikanta Maity @ Laxmi Maity and Nakul Bera to suffer rigorous imprisonment for ten years and to pay a fine of Rs.20,000/- in default to suffer rigorous imprisonment for a further period of one year for the offences under Sections 366/366(A)/367/372 of the Indian Penal code, and the appellants Chandan Pramanik and Sukdeb Laiya are sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 20,000/- each in default to suffer rigorous imprisonment for a further period of one year for the offences under Sections 366/366(A)/367/372 of the Indian Penal Code; the appellants are also sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.2,000/- each in default to suffer rigorous imprisonment for a further period of one month each for the offence under Section 3 of the I.T.P Act; the appellants Laxmi Maity and Nakul Bera are sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for a further period of one month for the offence under Section 4 of the Immoral Traffic Prevention Act, while the appellants Chandan Pramanik and Sukdeb Laiya are sentenced to suffer rigorous imprisonment for seven years each and to pay a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for a further period of one month each for the offence under Section 4 of the Immoral Traffic Prevention Act; the appellant Laxmikanta Maity and Nakul Bera are sentenced to suffer rigorous imprisonment for ten (10) years and appellants Chandan Pramanick and Sukdev Laiya are sentenced to suffer rigorous imprisonment for seven(7) years and to pay fine of Rs.2000/- each i.e. to suffer rigorous imprisonment for two (2) months each under section 5 of ITP Act; the appellants Laxmi Maity and Nakul Bera are also sentenced to suffer rigorous imprisonment for a further period of six months for the offence under Section 6 of the Immoral Traffic Prevention Act, while the appellants Chandan Pramanik and Sukdeb Laiya are sentenced to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.10,000/- in default to suffer rigorous imprisonment for the offence under Section 6 of the Immoral Traffic Prevention Act; the appellants Laxmi Maity and Nakul Bera are further sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/- in default to suffer rigorous imprisonment of a further period of one month for the offence under Section 9 of the Immoral Traffic Prevention Act, while the appellants Chandan Pramanik and Sukdeb Laiya sentenced to suffer rigorous imprisonment for seven years each and to pay a fine of Rs. 10,000/- in default to suffer rigorous imprisonment for a further period of one month for the offence under Section 9 of the Immoral Traffic Prevention Act. All the sentences were ordered to run concurrently.
(2.) In order to appreciate the rival contentions advanced by the parties and issues involved, it is necessary to set out the facts of the case which give rise to the present criminal appeal:- PW 1 Subhas Sengupta, Inspector of Police, P.O.W.C. Cell, CID, West Bengal received a secret information to the effect that some girls were procured from different areas and were trafficked to Digha by a Maruti Van bearing no. WB 30B 6106 of commercial sexual exploitation trade by some miscreants. The said matter was informed to the superiors and as per order of superiors a team of CID, West Bengal, consisting of PW 1, de facto complainant along with Inspector N.K. Sarkar (PW 17), S.I. Swapna Ghosh (PW 4), S.I. Aparna Sarkar (PW 10), LWCT Soma Chakraborty (PW 5) and WCT Subir Dey with due assistance of N.G.O. Sanlaap's namely Smt. Tapati Bhowmick (PW 2), one independent witness Prasenjit Das (PW 7) and PW 14, Smita Singh of International Justice Mission an N.G.O. left for conducting raid at Digha on 20.04.2009 in the morning after due contract with the source. As per source information PW 1, PW 4, PW 5, PW 10, PW 17 and force of Ramnagar Police Station detained the vehicle bearing no. WB 30B-6106 (White Maruti) at Ramnagar Mahakal Canal Bridge near Ramnagar Police Station and rescued the victim girls (PW 6, PW 8 and PW 11 and two others). It is further alleged that during interrogation of the victim girls (PW 6, PW 8 and PW 11 and others) by PW 4, PW 5, PW 2, PW 10 and PW 14, it was revealed that said victim girls were produced from different areas on the pretext of good job and confined at hotel 'Ma Kali' at Uttar Kasimnagar, NH 41 Road, by the male members of Maruti car bearing no. WB 30B-6106 and others. It is also alleged that male members and others trafficked the victim girls to Digha for selling them for commercial sexual exploitation, for their monetary gain. PW 1, accordingly, arrested the appellants, namely, Bapan Pramanik, Chandan Pramanik @ Bapi and Sukdeb Laiya. During interrogation the said three appellants also confessed that they have procured the victim girls (PW 6, PW 8, PW 11 and others) for the purpose of commercial sexual exploitation and they were being taken to Digha for the purpose of commercial sexual exploitation trade for financial gain in connivance with the appellants, namely, Bapan Pramanik, Chandan Pramanik and Sukdeb Laiya and others. The raid was outcome of a secret source of information regarding commercial sexual exploitation for monetary gain by the said appellants and others associated with them since long. It is further alleged that after receiving the said victim girls, the victim girls were segregated from the appellants with the help of PW 4, PW 10, PW 5 and PW 2, CID lady officers and other officers and other women representing N.G.Os. Seizure was made in respect of mobile phone (Mat Exbt. 1), vehicle (Exbt. 1) by which the victim girls were being transported. It is further alleged that victim girls were handed over some condoms and those were duly seized by preparing seizure list (Exbt. 2) by them.
(3.) After that the informant (PW 1) lodged a First Information Report (for short the "F.I.R.") (Exhibit 1) before the Officer-in-charge, Ramnagar Police Station, Purba Medinipur, who registered the case for commission of offence punishable under Sections 365/366/366(A)/367/372 read with Section 34 of the Indian Penal Code (for short "IPC") and under Sections 3/4/5/6 and 9 of the Immoral Traffic (Prevention) Act (for short "ITPA") against the appellants and another.;