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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