LAWS(BOM)-2014-1-169

ANJU SHAH Vs. STATE

Decided On January 22, 2014
Anju Shah Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appeal is filed against judgment and order of Special Case No.17/2006, which was pending before the President, Children's Court for the State of Goa at Panaji. The appellant is convicted and sentenced for offences punishable under Section 342, 323, and 366-A of Indian Penal Code and also under Section 4 and 5 of Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as 'PITA'). For offences punishable under Section 8(9) of Goa Children's Act, 2003 also there is conviction. The maximum sentence of imprisonment of 7 years is given under the provisions of PITA and all sentences are to run concurrently. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal can be stated as follows:

(3.) After few days, Aarti sent prosecutrix to Ahmadabad, Gujarat with Rekha and Anju. Aarti was taken to the lodge of one Mukesh. There attempt was made to force the prosecutrix to allow one man to have sexual intercourse. The prosecutrix started crying and she refused for doing so. This man asked Mukesh to take the prosecutrix away and thus the first attempt of these persons failed. These persons gave severe beating to prosecutrix. Anju also took part in giving her beatings. They stopped supplying food to prosecutrix and they gave threats to starve her. They insisted that she should work as a prostitute for them. Aarti reached Ahmadabad in the meantime.