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IN THE COURT OF CHIEF JUDICIAL MAGISTRATE: KAMRUP(M):
GUWAHATL ASSAM.
1. Sri Raj @ William Narzary
2. Sri Dhiraj Brahma
3. Sri Hemanta Sinha
Present:
Shri Dipankar Bora, MA, LL.M, AJS,Chief Judicial Magistrate,Kamrup(M), Guwahati.
eared:
r the State
r the accused:
Smti M. Saikia, learned Add!. P.P.
Sri B.Barman, Mr.Z. Rahman, Sri S.
Deka, Sri T.L. Mahanta, Smti G.
Choudhury, and
Smti A. Barman, Advocates.
, ~.J". ~\<\ Dates of Evidence:
ChIef JudicialMJi!Wt~affl',Argument:Kamrup (Metro) Distnct
GuwahcIDateof Judgment:
03.07.12,24.10.13, 30.01.14
08.05.14
08.05.14
1. The prosecution case, in brief, is that on 26.02.10
the Inspector of Police ClD, Assam Sri Deba Dutta lodged an FIR
with the olC of CIO P.S., Assam, Guwahati, stating inter alia
that on the previous day at about 9.30 P.M., on the basis of the
specific source information, he along with OSP, CIO, Assam and
other staff membrs, including women police and in presence of
activists of Gold (NGO) conducted search in the Room No.204 of
Super Star Lodge, Oispur Law College Road, Oispur, Guwahati
and during search found the accused Sri Willium Narzary with
Smti Sumi Oeka and accused Sri Ohiraj Brahma with Smti
Muskan Begum involving in immoral activities on two different
beds of the room. He alleged that the girls were provided to the
boarders by the Manager of the lodge, accused Sri Hemanta
Singha. He, therefore, made a prayer before the O/C of the
concerned CIO P.S., Assam, Guwahati that a case U/S 4/5/7 of
the Immoral Traffic (P) Act may be registered against the
accused persons.
2. Receiving the same, police investigated the case and
submitted the charge-sheet against the accused person U/S
4/5/7 of the Immoral Traffic (P) Act against the above noted
three accused persons along with Smti Sumi Oeka. In the
charge-sheet the I/O informed that Smti Muskan Begum was a
juvenile and the case against her was forwarded to the Principal
agistrate, Juvenile Justice Board, Kamrup for disposal.
3. All the accused persons appeared before the court in
due course and faced trial. However, as Smti Sumi Oeka
appeared to be a juvenile in conflict with law, my learned
••~ ~ predecessor was pleased to forward the case against her to the
~'Y::\J\1\ Ld. Juvenile Justice Board for disposal. Copies of the relevant. f'I"\.S\Ch~f'.Judicial MaaRft~lP.ents were furnished to the present accused persons. On
Kamrup (MetrO)tbli~fCIeration of charge as offence was presumed to have beenGuwahati '
committed by accused Sri Raj @ Rillium Narzary and Sri Ohiraj
Brahma U/S 5 of the Immoral Traffic (P) Act, charge was
accordingly framed against them under the said section of law
and on being read over and explained the charge, the accused
pleaded not guilty. Further, as a case was presumed to have
been committed by accused Sri Hemanta Singha U/S 4/5 of the
Immoral Traffic (P) Act, charges were accordingly framed against
him under the said sections of law and on being read over and
explained the charge, he pleaded not guilty.
/,.; 4. During trial the prosecution examined as many as
four witnesses including the Investigating Officer (I/O). The
accused were examined U/S 313 Cr.P.c. Their plea was of total
denial of any 'guilt. They refused to adduce any evidence on their
behalf. The case was thereafter argued by both the sides.
S. Points for determination:
(I) Whether the accused Sri Raj @ Rillium
Narzary and Sri Dhiraj Brahma on the night of the
said occurrence were found involved in immoral
activities with Smti Sumi Deka and Smti Muskan
Begum respectively in the Room No. 204 of Super
Star Lodge, Dispur and they procured the presence
of said Smti Sumi Deka amd Smti Muskan Begum
for the purpose of prostitution?
(II) Whether on the same day, time and
place the accused Sri Hemanta Singha caused or
induced Smti Sumi Deka and Smti Muskan Begum
to carryon prostitution?
\ ft.. ~./ Discussion, Decision and Reasons thereof:
Y"Y', . 6. Out of the four witnesses examined by the
fl:)&)'lA prosecution, P.W.! is informant Sri Deba Dutta, P.W.2 is SmtiChief JudicialMa~jstrate.KalTlrup(Metro1-rirg~lttGogoi- a woman constable accompanying the informant
GuwahaMtthe relevant time of search; P.W.3 is Smti Manomati Barman,
Superintendent of Gold Shelter Home (NGO) who according to
the ejahar accompanied the informant and P.WA is the I/O Md.
Nijamuddin Khan Choudhury. In corroboration of the ejahar filed
by him which he proved as Ext-3, P.W.! deposed that after
getting the secret information he along with his staff and women
police personnel went to the Super Star Lodge under the
,leadership of DSP, CID, Sri N. Baishya. He had information that
some immoral activities were going on in the room No. 204 of
the said lodged. Before leaving the police station, G.D. Entry was
registered in the police station. He stated that there at the place
of occurrence in the presence of witnesses from Gold NGO they
searched the said room of the said lodge. He testified that during
search he found two beds in the said room and one of them were
occupied by accused Willium Narzary and the other bed by
accused Dhiraj Brahma, who according to him were indulging in
immoral activities. They were thereafter recovered from the
room and on interrogation, the two women informed him that
the manager of the said lodge - accused Hemanta Singha had
brought them to the said hotel for the said work. He did not
clarify for what work the two women were brought there by the
manager. He stated that during investigation he had seized - (I)
two towels (II) Two numbers of bed sheets (III) Two numbers of
brief (I) One Vat 69 empty bottle (V) one Mecdwell empty bottle
(VI) Four numbers of glasses (VII) Two foster Mineral water
~oicia' t\1q, bottles and (VIII) Rs.l000j- from Muskan Begum vide Ext-2. He
<:~'S I· ~~also proved the signature of the two accused persons and theu ,..~ --_ .! wo juveniles as Ext-2(2), 2(3), 2(4) and 2(5) which according% Guwahali ~
~tJ(Metro')<j~ to him were put by them.
7. In his cross-examination, P.W.l stated that he did
•.I _ }- not call any other witness during the search except the
~ /"", witnesses from Gold NGO. He stated that three members of the
. ~~ Nta~%i@a~.GOaccompanied them during the search. Again he statedChief Judicial . ict
Kamrup (Metro)~'a¥ at the time of opening the door of the said room, he hadGuwanatl
. taken with him the manager and the nearby boarders of the
lodge. However, he stated that he did not mention in his case
diary that the names of the persons who had accompanied him
during the search. Further he stated that the seizure-list does
not mention that there were any boarders present during the
seizure. He stated that the briefs of the two women were seized
through the lady constable. He denied to the suggestion that
the accused William Narzary was in Room No. 203 which he had
booked in his name. P.W.l stated that room No. 204 was locked
from inside and when he knocked on the door, someone had
opened it but he had forgotten by whom the door was opened.
8. P.W.2 Smti Dipali Gogoi is the lady constable who
accompanied the P.W.!. She deposed in corroboration with
P.W.! and stated that she accompanied P.W.! and found the
room No. 204 locked from inside, but when they insisted, the
door was opened. After entering into the room, she found two
boys and two girls in indecent condition and they were drinking
at that time. She stated that all of them were found in indecent
state on two beds of the said room. Thereafter P.W.! seized the
clothes of four occupants along with on~'tThttle vide Ext-2 of
which She became a witness. In her cross-examination, she
9. P.W.3 Smti Monomoti Barman is the only
independent witness examined by the prosecution. On the
night of the said occurrence she accompanied P.W.! during the
search and she went to the place of occurrence after the
Secretary of their NGO Sri Rajib Sharma was informed by CID
~ about the search. She stated that at about 10 P.M. she along•••••••..•..~\\I'"
. Ch~JUdiCialMa~~ttt;Jeir Secretary Rajib Sharma and one Jonali Das went to
KamrU~~::~~~~i~trplbceof occurrence and found two girls inside the room. She
opined that the girls were below 18 years of age who told them
that the Manager of the hotel had called them there in order to
stay with the two accused persons. She stated that she had
seen police apprehending two boys with tribal face. The police
seized some articles and she put her signature on the Ext-2. It
appears from the evidence of the P.W.3 that she was not present
during the search as according to her when she entered into the
room, she found two miscreants. According to her two persons
with tribal face were already apprehended by the police when
she arrived there. This goes to contradict the evidence of P.W.1
~6icial t11.
~'S ~" ~.j.1 a ~ 10. When we examine the evidence adduced by the~ GU;~hatl ~~'?".o Q'''oS prosecution, we do not find anything to show that the said
fMetrtl'lpersons apprehended by the police on the said night were
medically examined in order to ascertain as to whether they had
indulged any immoral activities. P.W.3 though claimed that the
two girls had reported that they were called there by the
manager of the lodge in order to stay with the two boys, no
~ supporting evidence has em~nated in that regard. If the same is
CAS')~:'Ma~fMt4;he statement U/S 164 Cr.P.c. of the juvenile girls had toChiE!f JUdiCia .. rlet'\Kamrup(Metro)l9estrecordedby the I/O, which however was not done. Ext-4 is
Guwahatlthe FSL Report with regard to the clothes seized by the I/O. The
report shows that no stain was detected in them and they gave
negative test for spermatozoa. The contradictory evidence of
the prosecution witnesses, specially the evidence of P.W.3, who
is an independent witness, non-availability of reliable evidence
with regard to the two accused persons indulging immoral
activities with the two girls, make the prosecution case
present during the search. Further, the P.W.3 in her cross-
examination stated that she could not say in which room of the
hotel, the girls were found by 'her. She categorically stated that
the two apprehended boys were kept confined in another room
at the time of her visit. She also could not say from where the
articles were seized by P.W.!. She could not say from where
those articles were seized. From her evidence it also appears
that the Secretary of the NGO Sri Rajib Sarma and one Smti,
Jonali Das accompanied her in the place of occurrence on being
called by P.W.!. However, none of the other two witnesses were
examined by the prosecution. Moreover, as already evident
from the evidence of P.W.3, she found the two boys separately
in another room and not along with the two girls as claimed by
P.W.1, P.W.2.
11. The prosecution has failed to prove its case. As such,
the accused is acquitted from the offences charged against them
and set at liberty forthwith. Their bail bonds shall remain
extended for a period of six months on the basis of the petition
filed by the accused in that regard. The seized articles be
restored on its owner in due course. The case is disposed of.
12. Given under my hand and seal of this Court on this
8th day of May, 2014.
(D.~~'I.""Chief Judicial Magistrate,
Kamrup(M), Guwah.ati.Chief Judicial Magistrate,Kanuup (Metro) Distnct
Guwahati
~(D. B~~
Chief Judicial Magistrate,Kamrl:lp.( MJibi~~~~ie,
Chief ~hi<, O' t 'ct..~amrup (Metro). IS rl
.' Guwahatl
Typed by:U. Talukdar, Stenographer