Case Note & Summary
The appellant, Smt. Bindo Ganesh Patil, was convicted by the Sessions Court, Nagpur in Sessions Trial No. 381 of 2015 for offences under Sections 366A, 344, 373 of the Indian Penal Code (IPC) and Sections 3, 4, 5, 6, and 7 of the Immoral Traffic (Prevention) Act, 1956 (PITA). She was sentenced to various terms of imprisonment, with the sentences running concurrently, resulting in a total imprisonment of 7 years. The prosecution case was that on 18 November 2014, PW2 Satyajeet Desai, a social worker from the organization 'Freedom Firm', gave information to Lakadganj Police Station that minor girls were being brought to the Ganga Jamna area for prostitution. Based on this, a raiding party was formed, including two panch witnesses and a lady police constable. At about 6 pm, they reached Sudhakar Building, Bhaskar Galli, Ganga Jamna. They found the appellant sitting at the gate. Upon knocking on a room door, a customer fled, and the victim (PW1) was found inside. The victim stated that she was from Dabsura, Tahsil Pohari Bhana, Gowardhan, District Shivpuri, Madhya Pradesh, and had been detained by the appellant for 1½ years for prostitution. The appellant was arrested, and after investigation, chargesheet was filed. The prosecution examined 7 witnesses, including the victim (PW1), PW2 Satyajeet Desai, PW3 Rajesh Karanduke (panch witness), and others. The appellant did not examine any defence witnesses. The trial court convicted the appellant. In appeal, the appellant argued that the victim's testimony was not reliable and that there were contradictions. The High Court re-appreciated the evidence and found that the victim's testimony was credible, consistent, and corroborated by medical evidence showing signs of habitual sexual intercourse. The court held that the victim's testimony alone is sufficient for conviction if it inspires confidence, and in this case, it was corroborated. The court also noted that the appellant was identified by the victim and the panch witnesses. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Trafficking for Prostitution - Sections 366A, 344, 373 IPC and Sections 3, 4, 5, 6, 7 of Immoral Traffic (Prevention) Act, 1956 - Conviction based on victim's testimony - The appellant was convicted for detaining a minor girl for prostitution for 1½ years. The victim's testimony was found credible and corroborated by medical evidence and panch witnesses. The court held that the victim's testimony alone is sufficient for conviction if found reliable, and in this case, it was corroborated. (Paras 5-10) B) Evidence Law - Credibility of Victim - Minor Victim - Testimony of victim in sexual offences - The court held that the testimony of the victim is of great weight and can be the sole basis for conviction if it inspires confidence. In this case, the victim's testimony was consistent and corroborated by medical evidence showing signs of habitual sexual intercourse. (Paras 5-8) C) Criminal Procedure - Appeal against Conviction - Appellate Court's Power - The appellate court can re-appreciate evidence and interfere with findings of fact if they are perverse or based on no evidence. Here, the court found no perversity and upheld the conviction. (Para 11)
Issue of Consideration
Whether the conviction of the appellant under Sections 366A, 344, 373 IPC and Sections 3, 4, 5, 6, 7 of PITA is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The judgment and order dated 24-04-2018 passed by the Sessions Court, Nagpur in Sessions Trial No. 381 of 2015 is upheld. The appellant's conviction and sentence are confirmed.
Law Points
- Credibility of victim testimony in sexual offences
- Corroboration of victim's testimony with medical evidence
- Applicability of Sections 366A
- 344
- 373 IPC and Sections 3-7 PITA
- Standard of proof in trafficking cases
