Ku. Sapna Burman Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1041823
CourtMadhya Pradesh High Court
Decided OnMar-13-2013
AppellantKu. Sapna Burman
RespondentThe State of Madhya Pradesh
Excerpt:
crr no.2376/2012 criminal revision no.2376/2012 13.3.2013 shri vaibhav tiwari, counsel for the applicant. shri prakash gupta, panel lawyer for the state/respondent. heard on admission. the applicant has challenged the order dated 25.8.2012 passed by the learned jmfc, jabalpur (shri pravendra kumar singh) in criminal case no.5576/2011, whereby the charges of offence punishable under section 3, 4, 5, 6 and 7 of immoral traffic (prevention) act, 1956 were framed against the applicant. according to the prosecution, a raid was made on 9.2.2011 at baba hotel, gol bazar, jabalpur and 8 girls were found with male persons. the applicant was also one of them. she was arrested at the same time. after hearing the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent that the applicant was not found all alone at the spot. she was immediately arrested by the police. under such circumstances, it is for the applicant to prove that she went to the hotel for having snacks etc.at present, such type of defence taken by the applicant, cannot be considered. appreciation of crr no.2376/2012 evidence cannot be done at this stage. prima facie, the applicant was found alongwith other girls at baba hotel and she had one male person with him. under such circumstances, it cannot be said that it was a matter of love affair. if so many girls are working as prostitutes then, certainly offence punishable under sections 3 to 7 of immoral traffic (prevention) act shall be constituted. there is no illegality or perversity visible in the impugned order passed by the learned jmfc, jabalpur. there is no reason, by which the present revision filed by the applicant can be accepted. consequently, it is hereby dismissed at motion stage. a copy of the order be sent to the trial court for information. (n.k.gupta) judge pushpendra
Judgment:

CRR No.2376/2012 Criminal Revision No.2376/2012 13.3.2013 Shri Vaibhav Tiwari, counsel for the applicant.

Shri Prakash Gupta, Panel Lawyer for the State/respondent.

Heard on admission.

The applicant has challenged the order dated 25.8.2012 passed by the learned JMFC, Jabalpur (Shri Pravendra Kumar Singh) in criminal case No.5576/2011, whereby the charges of offence punishable under section 3, 4, 5, 6 and 7 of Immoral Traffic (Prevention) Act, 1956 were framed against the applicant.

According to the prosecution, a raid was made on 9.2.2011 at Baba hotel, Gol Bazar, Jabalpur and 8 girls were found with male persons.

The applicant was also one of them.

She was arrested at the same time.

After hearing the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent that the applicant was not found all alone at the spot.

She was immediately arrested by the police.

Under such circumstances, it is for the applicant to prove that she went to the hotel for having snacks etc.At present, such type of defence taken by the applicant, cannot be considered.

Appreciation of CRR No.2376/2012 evidence cannot be done at this stage.

Prima facie, the applicant was found alongwith other girls at Baba hotel and she had one male person with him.

Under such circumstances, it cannot be said that it was a matter of love affair.

If so many girls are working as prostitutes then, certainly offence punishable under sections 3 to 7 of Immoral Traffic (Prevention) Act shall be constituted.

There is no illegality or perversity visible in the impugned order passed by the learned JMFC, Jabalpur.

There is no reason, by which the present revision filed by the applicant can be accepted.

Consequently, it is hereby dismissed at motion stage.

A copy of the order be sent to the trial Court for information.

(N.K.GUPTA) JUDGE Pushpendra