Page no. 1 of 16 IN THE COURT OF ADDITIONAL DISTRICT & SESSIONS JUDGE: It AIZAWL JUDICIAL DISTRICT = AIZAWI eee aR eRe images ‘Alo Cr. Tr, No. 344 of 2017 u/s 4 (1), (2)!5 (1) (a) (c) (d) of ITPA, 1956 Ref. Aizawl PS Case No. 284 of 2016 Dt. 1/7/2016 S.C, No. 41 of 2017 inant: State of Mizoram By Advocate Mr, Saihmingliana Sailo, Addl. PP Versus Accused: 1. Mr. David Lallawmawma S/o Tlanchhuahthanga ‘Nursery Veng, Aizawl. 2. Mr. Jacob Lalramtiama S/o Laiduhawma ‘Nursery Veng, Aizawl. By Advocates : 1, Mr Joseph L. Renthlei 2. Mr. Victor L. Rokhum. BEFORE: Dr. H.T.C. Lalrinchhana, MJS Additional District & Sessions Judge Aizawl Judicial District, Aizawl, Mizoram Date of arguments : 25-03-2021 Date of judgment & order : 26-03-2021 JUDGMENT & ORDER SE Nao 20, Tr te eer of Aone BaD A Seating Tepe, MaaPage no. 2 of 16 BRIEF STORY "1. On dt. 1.7.2016, a written FIR was received. from. Inspec!or R. Lalchhawnkime to the effect that they came sco nt fel soup called “I duh2 Io post la, I duh2 in lo che ve rawh” in which’ fapuia Hrahsel posted “Room and girl first class call duh tan ph- (825988750 ah min lo be dawn nia, Inbox, whatsapp, phone call’. On inquired into the matter, they found out that two persons namely Jacob Lalramtiama and David Lallawmawma both of Nursery Veng, Aizawl were involved in the illegal selling of some girls for the purpose of prostitution thereby living on the earning of prostitution. Hence, Aizawl PS case No. 24/2016 u/s 4(1)/4(2)/5(2) ITP Act was registered and investigated into, 7 Although the case falls under the jurisdiction of SDPO, Aizawl South, the case was initially endorsed to Mr. PC Laltanpuia, SDPO, Aizawl North due to taking leave by the then SDPO, Aizaw! South, It was later endorsed to Mr. F, Lalbiakzauva SDPO, Aizawl South since SDPOs are appointed as Special Police Officers to deal with offences under the Immoral Traffic (Prevention) Act 1956 within their respective jurisdiction Vide, Home Deptt. Notification under Memo No. ‘A.60011/2/88-HMP dt. 3.1.1997. ‘The previous case 10 PC Laltanpuia carried out the investigation at the initial stage wherein he examined the complainant and he also formally arrested the two accused viz., Mr. Jacob Lalramtiama and Mr. David Lallawmawma in the presence of witnesses “by preparing formal arrest memo. He thoroughly interrogated both the arrested accused and Mr. Jacob Lalramtiama ‘confessed before him that he started the illegal flesh trade since June 2016 and had sold 5 (five) girls viz., Kimkimi, Hundiki, Merey, Puipuit and Irene for the purpose of commercial sex. He also stated that he Created facebook group by using his facebook account ‘Mapuia Hrahsel’ wherein he openly highlighted that he could be contacted by anyone who is looking for a girl and he even displayed his phone number - 8259887500 and the phone number of Mr David Lallawmawma in the said facebook group. The logged in number for his facebook account is 9612648803 and the password is ‘Chhakchhuakpaaa’. He was contacted by some persons who were interested to date with the girls and to many of them he even shared the photographs of Kimkimi, Hundiki, Mercy, Puipuii and Irene. He made all the arrangements such as the meeting place of the girls and their customers and he received money earned from prostitution in ‘advanced from the customers and later gave the girls their share out of the illegal business. He further confessed that he had sold the girls for ‘commercial sex purposes for 12 (twelve) times and there had also been two occasions when the business was foiled by CID personnel. He also EEN Wa BH, te ca o-oo BAU Sean, asae Page no. 3 of 16 stated that his partner Mr David Lallawmawma wes apprehended ly CID personnel while they were trying to sell Irene-i at the cemetery of Nursery Veng, Aizawl. . 3. He also interrogated anoter accused Mr. David Lallawmawnia who confessed before him that he had also involved in the illegal selling of girls for the purpose of prostitution alongwith his partner Mr. Jacci Lalramtiama. He also siated that he was apprehended by CiD personnel while he was about to sell Irene-i at the cemetery of Nursery Veng, Aizawl on the night of 26.6.2016. 4, Mobile phones which were allegedly used for carrying out the illegal business were seized from the possession of the two accused. Karbon mobile phone was seized from Mr. Jacob Lalramtiama and Samsung Galaxy J2 was also seized from Mr. David Lallawmawma in presence of witnesses. The seized mobile phones were carefully examined and some conversation messages between the two arrested persons and various customers and pictures of the victims were found out. The conversation messages which revealed the involvement of the arrested accused in the illegal business were extracted by Mr. H. Lalduhsanga, learned JMFC-II from the mobile phone belonging to Mr. Jacob Lalramtiama which were found to be correct by the learned JMFC. 5. The two victims viz,, Lalthakimi (17), D/o D. Ngaizuala, Champhai Vengsang and Lalhlimpuii @Angie (19), D/o Lalrintluanga, Republic Veng, Aizawl were examined and they both stated that the arrested accused had sold them for commercial sex purposes. The judicial statement of both the victims were recorded by Mr. T. Lalhmachhuana, IMEC, Aizawl District in which they deposed that they were sold for commercial sex by Mr. Jacob Lalramtiama and his partner Mr. David Lallawmawma. The statement deposed by the two victims before the learned JMFC corroborated with the statement that they gave before , the investigating officers. 6. The investigation therefore reveals that Mr. Jacob Lalramtiama and his partner Mr. David Lallawmawma knowingly lived on the earnings of prostitution, they were also acting as a pimp on behalf of the girls exercising control, direction or influence over the movement of the girls and thereby aiding them prostitution. They also caused or induced the girls to carry on prostitution. Hence, a prima facie ws 4 (1)/4 (2)/3 (1yfay(ey(a) of ITP Act 1956 is found’ well established against the gccused Mr Jacob Lalramtiama, S/o Lakiuhawme, Lungdat, PA: Nursery rng, Aizawl and Mr. David Lal Weng, Aizawl and Mi lawmawma, S/o Tlanchhuahthanga, 7, Thereafter, on dt. 23/3/2017, charge wis 4 (1) 4(2)/5 (1 Act 1936 i fened agaist both tho acrared Se US OF TTP pleaded not guilty and claims to be tried, a OUT, Tah cur of Alana] BAI) © Sesto edges AraPOINTS FOR DETERMINATION 8. The following points should determine the case namely (1)Whether both the accused persons over the oge of 5 years knowingly lived/elther wholly/or in part on the eamings of the prostitution of the victims liable fo punish u/s & of the ITP Act or to what extend, roti? 5 (2)Uthether both the accused persons procures or attempts to procure : the victims whether with or without their consent for the purpose of prostitution, and takes or attempts to take the victims, or causes to be taken from one place to another viewing prostitution purpose, and further couses or induces the victims to carry on prostitution with or against the will or the victims lable fo punish u/s 5 (1) of the ITP Act or not. If 80, to what extend, é FINDINGS & REASONS Point No. 1 Whether both the accused persons over the age of 18 years knowingly Jived/either wholly/or in part on the earnings of < ‘the prostitution of the victims liable to punish u/s 4 of ‘the ITP Act or not, If so, to what extend, AND Point No. 2 Whether both the accused persons procures or attempts to procure the victims whether with or without their consent for the purpose of prostitution, and takes or attempts to ) take the victims, or causes to be taken from one place to | another viewing prostitution purpose, and further causes or induces tne victims to carry on prostitution with or against the will or the victims liable to punish u/s 5 (1) ‘of the ITP Act or not. If so, to what extend, 9. Firstly it is also pertinent to mention that the competent Police Officer duly investigated into the case as held in Delhi Administration v. Ram Singh’, Wherein, the Hon’ble Supreme Court has held that- “Wo are therefore of opinion that the special police officer 13 conpetent to tnvestigate and that he and, “his assistant police officers are the only persons competent to investigate offences under the Act and AIR 1962 sc 68 WHT ee aaaspecially appointed | as investigate the are cognizable L by the Delni that police officers not special police officers cannot offences under the Act even though they offences. The result is that this appeal Adninistration fatls and is hereby disntssed.”” ” 10.PW-1 Mr. R. Lalchhawnkima stated that at the time of incident, he was ‘posted in the office of SB CID (Crime), when they aware that one Mr. Mapuia Hrahsel posted in one facebook group called “I duh2 lo post ia, Tduh2 in lo che ve rawh" in which one Mapuia Hrahsel posted. “Room ‘and girl first class call duh tan ph- 825988750 ah min lo be dawn ma. Inbox, whatsapp, phone call”. On enquiry into the matter, they found out that two persons namely Jacob Lalramtiama and David Lallawmawma hoth of Nursery Veng, Aizawl were involved in the illegal selling of some girls for the purpose of prostitution thereby living on the earning of prostitution, ‘The accused persons also posted some photographs of girls in the said facebook group and whatsapp group, they therefore earned some amount from selling of those girls. PW-1 thereby printed out 21 pages of facebook and messenger messages from the mobile phone of accused persons, he therefore lodged an FiR with the said photographs. 11.PW- 2 Mr. PC. Laltanpuia stated that being SDPO of Aizawl North, he firstly investigated into the case on receiving FIR lodged by PW-1. He recorded statements of the complainant and other witnesses, he seized black colour rucksack and purse from the victim as the victim Srat. Lalthakimi stated that it was purchased from the earnings of incident. He also arrested both accused persons and recorded their statements. Mobile phone Karbon from accused Mr. Jacob Lalramtiama and Samsung Galaxy J2 from the accused Mr. David Lallawmawma were seized on dt. 3/7/2016. Birth Certificate of victim Ms. Lalthakimi was also seized. Judicial statements of the victims were also recoried by learned JMFC, Aizawl. On resumption of his duty as SDPO, Aizawl South, he thereafter handed over the case to Mr. F Lalbiakzauva for further investigation of the case since the case falls in the jurisdiction of SDPO South, Aizawl. In his cross-examination, he stated that as beth accused were not willing to make confession, they submitted an application to the learnes for Furth i application to the learned er detention of accused persons 12.PW3 Dr. V. Lalremruata stated that he medically ly examined both accused persons on dt. 1/7/2016 and found the Pecuedl peso) found them fit to remain in 13.PW- 4 Dr. C, Ngurbiakveli medically examined one of the victims Ms. “Se We WaT TOU Tw pa Toon OT gp Sis ho BO, te eat of Anal DUTT & Sessa TTAR, ea( Page no. 6 of 16. Lelthakimi, she found that there was no mari o! violence om her body, these was no bruising or laceration in the externa} genitalia, her hymen cere eat She did not find any sign of infection or discharge from her ‘hate part, there was no obvious seminal stains found in the private per, At the time of examination, she found that victim xd clatnes and also took bath after incident. 14 Pw. 5 Smt, C. Lalremruati is Team Member, CHILDLINE under the ‘istry of Women and Child Development, she took the minor victim Me. Laithakimi at Shelter Home, ITT, Aizawl, she is seizure witness tt respect of black leather rucksack and one red lady purse from the said soln Pws 6 and 7 are soiaure witnesses of the mobile phones of both accused persons. 15.PW-6 Mr, Lalmuanpuia is Taxi driver, he stated during his examination in chief that- 4, 1 know both the accused viz., David Lallawmawna and jacob Lalrantiana appearing before the Court on today. Accused David Lallawnawna ts my first cousin. 2. 1 ama taxt driver and residing in Bungkawn by rented house, my driven taxt stand ts also Bungkawn locality. During 2016, I know that one girl namely Kinkint hired my taxi for 3-4 times. In one tine, I dropped then in the Dawrput bazaar area for two tines. 3. on the one tine, accused Jacob Lalrantiana was also on poard alongwith Kinkint but he was stepped down in Khatla area whilst the said Kinkimt remains on board in my driven taxi.” 16.In his cross-examination, he clarified that “1, Tt ts a fact that I do not know the personal life of Kinkint whether she was a prostitute or not. Tt isa fact that 1 do not have any reason to suspect Kinkint a5 a prostitute. sit ts a fact that Kinkimi often contact ne for hiring ny taxi for her purpose. a Te is fact that for about 7 years 1 st taxi at Bungkawn stand. eae So'Te is a fact. that i do not know the year wl 3, Mkdncint but it ntght be ‘since Seis eT SOE & It is a fact that I do not know the 3 inkint Z now the age of Kinkint when I first knew her but which i: und 13- when 1 first ‘might be around 13-14 Te is a fact that in ay knowl Lingle st the tine when I'knee her"raree, SURI WS 2 8. t admitted that T do not have any kno 2 y knowLed Tetationship. of both accused and the sotd KUTkimt snd T [ee er 5 x SE Ne Ge Sy, he curt of AiarlDatvt © Sean Tugs, AncaPage no. 7 of 16 also do not know whether there was any involvement of both accused in the instant case.” 17.PW- 9 Mr, David Lalthapuia and PW- 10 Mr. Lalbiakchhuana are seizure witnesses in respect of birth certificate of the victim Siena. PW-11 Mr, Remruatfela being a Team member of Childline, received birth certificate of Ms. Lalthakimi sent from Champhai to Aizawl by a sumo maxi cab service, he immediately handed over to the police. A, he 18.PW- 12 Ms, Lalthakimi @ Kimkimi is the victim, she stated during examination in chief as follows:- “1. 1 know both the accused viz., Mr. Jacob Lalrantiana ‘and Mr. David appearing before the Court on today. 2. Although I do not renenber the exact date and month, during 2016, I was divorced by ny husband and firstly Lived in a rented house with Ms. Malsawmt at Lawipu. Later, we share rented house with Mr. Chaka at Tuikual. At that tine, I fell in love with Mr. Jerry, Mr. Jerry therefore brought ne in the rented house of accused Mr. Jacob Lalrantiana located at Nursery. I was left by Mr. Jerry after he also slept with us only for two nights. 1 Tenatned living in the rented house of Mr. Jacob Lalrantiana. 3. Thereafter, two girls viz., Ms. Hundiki and Ms. Mercy came to the rented house of Mr. Jacob Lalrantiana and they clained that they were going to Delhi, but instead of going to Delhi, they renained living in the rented house of Hr. Jacob Lalrantiana. 4, As I have health problen, T asked Ms. Hundiki and Ms. Mercy to lend money for medical treatment, they rather told me that they know the way to earn money by easy Way and they therefore invited me to becone a call girl. 5. thereafter, in one night, I drank Ltquor (beer) and 1 therefore in-sober and not conscious, I can well presumed that I was taken out by others and I therefore Roticed that I was dropped back into the rented house of accused Mr, Jacob Lalrantiana by red colour Pulsar bike. After that, ‘accused Mr. Jacob Lalrantiana gave me cash of Rs. 2,600/- or Rs. 3,000/- (I do not renenber the exact amount). 6. I renenber that one day, I received a phone call asking me that whether I remain call girl or not and I innediately closed ny phone. 7. In another time and in my renenbrance, Ms. Hundiki and friends told me that they arranged a nan for me but as I used to consume liquor, I did not clearly. know nature of our tine. 8. In one time, accused Hr. Jacob Lalrantina brought WEhe Wa Ta emt dA Wei Sealing RelA No, of BOW, The court of Aline Diet A Sens Dee, Aaa]Page no. 8 116 nyself and Hs. Hercy to Ahinsa Hotel, 1 thought that Tey dtd not Like me, we left Hs, Mercy towards the rented house of accused Hr. Jacob Latranttana. 5 Later, one Ms. Puiputt also joined us and I also Like hers 'T cane to know that the CID of Police, aware of Meture of incident. Accused tr. Jacob Lalramttana therefore scolded me as he believe me that I reported the matter to the Police. Thereafter, in one night, one Gio personnel cane to our rented house and he showed a photo asking ne whether it was ny photograph or not and PPexdnitted that it was ny photograph, the therefore instructed me to repert to the CID office in the next day. After the CID interposed in the case, accused Nr. Jacob Latrantiana also fled avay. jo. After reporting nyself to CID office, I was brought into Shelter Hone at Saron Veng, Aizawl.” 19. In her cross-examination, she also stated that- “4, Tt is a fact that after fleeing avay of accused Mr. Jacob Latrantiana, I renained occupying his rented house for about 2 nights as I am afraid to join ny relatives. 2. It is a fact that after leaving ne by Mr. Jerry, 1 Voluntarily remained in the rented house of Mr. Jacob Lalrantiana due to my health problen. 5 T denied that after recovery of health problens, 1 voluntarily remained in the rented house of accused Mr. Jacob Lalrantiana 4 Tt is 9 fact that even after I can move by myself, I tonained in. the rented house of accused Mr. Jacob Lalrantiana for Less than one month. fut is a fact that in my belief, accused Mr. Jacob {otrantiana alone occupied his rented house before I joined hin. tt is a fact that T do not know the source of money Which accused Mr. Jacob Lalrantiana gave me in one night 3s I was a state of intoxication. St is a. fact that I did not consune Liquor cceessively at the relevant tine but often consune {iquor after I was divorced by my husband. Be tt is a fact that I do not know the purpose of Ms. Mercy when we left her in Hotel Ahinsa. OTe is 2 fact that I know taxi driver Mr. Muanputa who Drought us in Hotel Aninsa even before the instant cause phd as 1 used to Live in Bungkawn in the previous. As 1 2ften call the taxi of Mr. Muanpuia, T called hin even for going to Hotel Ahinsa on that night. te, it is @ fact that my ex-husband was Mr. Sianthara ‘and we married in 2014. it. "Tt is a fact that except telling me by the CID personnel, I do not have any other knowledge that the SPE gs amam ee anS waa, Fea eart of Feared Oa & estos Tae, | \— Page no. 9 of 16 Police were searching accused Mr. Jacob Lalrantiama.” 20. In her re-examination, she further clarified that- “For going to Hotel Ahinsa with Ms. Mercy and He. Jacob Lalramtiama, it was arranged by others but not me Sithough Ido not know. the person who actually made arrangement for the same.” 21.Although learned counsel for the accused Mr. Joseph L. Renthlei claimed that by having fracture-limb, victim Ms. Lalthakimi is unable to go for prostitution, direct evidence deposed by Ms. Lalthakimi as PW. 12 and various circumstances depicted in her deposition, contentions of learned counsel for the accused on that ground is not acceptable. 22.PW- 14 Mr. F, Lalbiakzauva mainly affirmed his investigation process ‘and findings being the case I/o, 23.Although the prosecution could not examine her in the court due to unknown whereabouts, Judicial statement of one of the victims Ms. ‘Angie Lalhlimpuii was recorded by Mr. T. Lalhmachhuana, learned JMEC on at, 30/8/2016, she stated that since the beginning of 2016, she ‘came to know the accused Mr. Jacob though facebook, they talked each other in Inbox. At that time, the accused Mr. Jacob named himself as Mapuia. After acquaintance with him, both the accused Mr. Jacob and Mr. David visited their house, on that evening, she also went to the residence of Mr. Jacob. Mr. Jacob arranged one client/customer for her, her customer gave money to Mr. Jacob before Mr. Jacob left them. During the absence of Mr. Jacob, she was with her client in the house of Mr, Jacob. For that, accused Mr. Jacob gave her cash amounting to % , 3000/-, even for the second time, she was given % 3000/- by the accused Mr. Jacob. For the third time, when they were walking in the Khatla over bridge, the accused Mr. Jacob instructed her to flee away due to finding of CID Police personnel, when she went to the residence of accused Mr Jacob, she also found other girls, she noticed only Kimkimi and Irene-i 24. Mr. T. Lalhmachhuana, learned JMFC, who recorded judicial statements of two victims was examined as PW-13, he stated that - “1, On the relevant date and time when I was a 2 District Court, Aizawl as Judicial magistrate riree Class and taking the charge of CJM, Aizawl District, one i of the victins Smt. Lalthakini p/o” T. Ngaizuala Champhai Vengsang was produced before me on 11.7.2016 by Henbers of Child Welfare Committee, Atzawl District for CEPage no. 10 of 16 recording her confesstonal statenent in connection with Nast PS. Case No. 286/16 dt. 1.7.2016 | u/s 4(19/4(2)/5(2) of ITPA. So, I therefore endorsed myself and recorded her judicial statenent in a prescribed Format after observing coda formalities and T therefore have written down her confession as nearly as narrated by the victin. 2. On 30.8.2016, one of the victins Smt. Angie LathLinputt was again brought before me as endorsed by the CJK, Aizawl for recording her judicial statement which {s recorded in a prescribed fornat after observing codal formalities.” 25.1n their examination u/s 313 Cr PC, both accused persons denied of all allegations against them except arresting of them and making seizure of their mobile phones. But they neither have any specific explanation nor defence evidence in prosecution of the case. 26.Extracted conversation in between the customers and the accused persons made from mobile phones of the accused persons and extracted in the presence of learned JMFC, Aizawl District on dt. 17/8/2016 containing 21 pages marked as Ext. P- 2 reveals that, there were various dealings (Offering and bargaining) for prostitution at various rates @ % 4000/-, % 5000/-, ¥ 4500/- etc. and place for prostitution etc. In the meantime, it is correct contention of Mr. Joseph Renthlei, learned counsel for the accused that as no certificate u/s 65 B (4) of Evidence Act, 1872, itis not admissible in law. Moreover, it is also correct to say that PW-1 who lodged an FIR and inquired into the case stated during his cross-examination that "I am not sure whether the documents I seek to submit before the court are documents printed out from whatsapp, facebook or sms”. It denotes that Ext. P- 2 is not , dependable. i 27.However, statement of the victim deposed in court is corroborated with E judicial statement of other victim Ms. Angie Lalhlimpuii and were also F corroborated with statement of Taxi driver Mr. Lalmuanpuia examined as PW- 8. The victim Ms. Lalthakimi examined as PW-12 stated name of ‘Taxi driver Viz. Muanpuia for the purpose of movement from the rented house of the accused Mr. Jacob to other place for prostitution. Although learned counsel for the accused contended that no conviction can be made on the basis of judicial statement recorded u/s 164 Cr PC, his reliance in R. Shaji V. State of Kerala? has held that statements u/s 164 Cr PC can be used for the purpose of corroboration and contradiction. Even in the instant case, judicial statement of the victi Ms. Angie Lalhlimpuii is used for corroboration of statement of victim 212013) 14 SCC 266 (Para 26) ‘SEW AUGf 200, tare cont faa att & See TagePage no. 11 of 16 Ms. Lalthakimi examined as PW- 12, 28.Although Mr. Joseph L. Renthlei, learned counsel for the accused claimed that no evidence in the court to raid the accust itted in the charge sheet, it is clear that statement of stating ee circumstances on suspect of both accused in Khatla over bridge is BS corroborated by judicial statement of the victim Ms. Angie Lalhlimpuii a but no specific denial and explanation of both accused. Thus, E contention of learned counsel for the accused on that point is not F tenable. 29.Meanwhile, It is not disputed that at the time of arresting of both accused persons in 2016, the accused Mr. David Lallawmawma attained 26 years old and the other accused Mr. Jacob Lalramtiama attained 28 years. It is also not disputed that one of the victims Ms. Lalthakimi was born on dt. 10/11/1998 as revealed by her birth certificate marked as Ext. MO-3. It means that on dt. 1/7/2016 at the time of lodging an FIR, she was only @ 17 years old (Minor age). 30.Submission of Mr. Saihmingliana Sailo, learned Addl. PP is also relevant on the source of income of both accused persons, in his examination u/s 313 Cr PC, accused Mr. David Lallawmawm stated as below:- “Ql: It As appeared in the evidence that you are living at Nursery veng, Aizawl since Septenber 2015 having no regular job but partly sells products of Orients Company. Jacob Lalrantiana is also residing in the rented house of Pu Thianga which is very close to your house. What do you have to say? ' ‘Ans: It is true.” Again, in his examination ws 313 Cr PC, accused Mr. Jacob Lalramtiama admitted as below:- “Qi: It is appeared in the evidence that in the year 2616, you are living at Nursery Veng, Aizawl, having no regutar job. And one of the accused David Lallawnauna is your friend. What do you have to say? ans: Yes it is true.” 31.1t is therefore abundantly clear that both the accused being over the age of eighteen years managed prostitution as pimp also earned some amount from prostitution in the rented house of the accused Mr. Jacob Lalramtiama at Nursery Veng, Aizawl selling of girls namely- LalthakimiPage no. 12 of 16 Kimkimi, Angie Lalhlimpuii, Irene-i and Puipuii_also by utilizing @ cat media oe per the ingredients set forth wis 4 (2) of the ITP Act. ‘They are further procures a person for the purpose of prostitution, they also take a person from one place to another Viz, Nursery locality to Ahimsa Hotel etc. for the purpose of prostitution, as per he uc statement of one of the victims Ms. Angie Lalhlimpuii, both the accused induces her to carry on prostitution firstly by messenger Inbox and Jater visited residence of the said victim. Further, one of the victim Ms. Lalthakimi was a minor at the time of incidentfoccurrence. The prosecution therefore proved their case beyond reasonable doubt the both the accused are liable to punish ws 4 (1) Part- It r/w 4 (2/5 (1)(@) (o(@) Part- [of ITP Act, 1956. ORDER 32.In the backdrop of the above elaborations and findings, the accused ‘Mr. David Lallawmawma S/o Tlanchhuahthanga, Nursery Veng, Aizawl and Mr. Jacob Lalramtiama S/o Lalduhawma, Nursery Veng, Aizawl are hereby convicted u/s 4 (1) Part- II rfw 4 (2)/5 (1)(a)(c)(d) Part- I of ITP Act, 1956. 33.Bail and bond shall stand canceled and thereby discharging liabilities of sureties, Both the convicted accused shall be remanded into judicial custody for sentence hearing, Issue fresh custody warrant for the same. Fixed - Dt, 30.03.2021 for sentence hearing. 34,Seized two mobile phones' viz. (i) Karbon Mobile phone (ii) Samsung Galaxy J2 made from the accused persons and rucksack (bag) black colour and ladies purse (red) made from the victim Smt. Lalthakimi shall be given back to rightful owners but subject to appeal period. Dy SP (Prosecution) of this court is kindly directed to pursue the matter. 35.Give this copy to all concerned. bain. Dr. H.T.C: LALRINCHHANA Additional District & Sessions Judge Aizawl Judicial District- Aizawl ‘Memo No. S.C. No. 41 of 2017- ADS&S] (A)/2-24 2: Dated Aizawl, the 26% March, 2021. ROUT, Tn aco of ATonl Oat Sears Tog, Anal |~~ Page no, 12 of 16 © Kimkimi, Angio Lalhlimpuii, Irene and Puipuit_ also by utilizing social media as per the ingredients set forth u/s 4 (2) of the ITP Act, They are further procures a person for the purpose of prostitution, they also take a porson from one place to another Viz, Nursery locali Ahimsa Hotel ete, for the purpose of prostitution, as per the judicial ‘statement of one of the victims Ms, Angie Lalhlimpuii, both the accused induces her to carry on prostitution firstly by messenger Inbox and later visited residence of the said victim, Further, one of the victim Ms. Lalthakimi was a minor at the time of incidentfoccurrence, The prosecution therefore proved their case beyond reasonable doubt the both the accused are liable to punish u/s 4 (1) Part- IT vw 4 (2/5 (1)la) (o\(d) Part-I ot ITP Act, 1956. ORDER 32.In the backdrop of the above elaborations and findings, the accused Mr, David Latlawmawma S/o Tlanchhuahthanga, Nursery Veng, Aizawl and Mr. Jacob Lalramtiama S/o Lalduhawma, Nursery Veng, Aizawl are hereby convicted u/s 4 (1) Part- IT viw 4 (2)/5 (1)(a)(c)(a) Part- I of ITP Act, 1956. 33.Bail and bond shall stand canceled and thereby discharging liabilities of sureties. Both the convicted accused shall be remanded into judicial custody for sentence hearing, Issue fresh custody warrant for the same, Fixed - Dt. 30.03.2021 for sentence hearing. 34.Seized two mobile phones’ viz. (i) Karbon Mobile phone (ii) Samsung Galaxy J2 made from the accused persons and rucksack (bag) black colour and ladies purse (red) made from the victim Smt. Lalthakimi shall be given back to rightful owners but subject to appeal period. Dy SP (Prosecution) of this court is kindly directed to pursue the matter. 35.Give this copy to all concerned. ‘ale’ Dr. H.T.C: LALRINCHHANA Additional District & Sessions Judge ‘Aizawl Judicial District- Aizawl ‘Memo No. $.C. No. 41 of 2017- ADS&SJ (A)/2-14 2. : Dated Aizawl, the 26% March, 2021, ‘SE We Aa BO, intra cor Aen Batt & Sent Tage, aTa: Page no. Lof 4 __ INTHE COURT OF ADDITIONAL DISTRICT & SESSIONS JUDGE - It “ AIZAWL JUDICIAL DISTRICT : AIZAWL Pe — Alo Cr. Tr, No. 344 of 2017 wis 4 (1), (25 (1) (a) (6) (a) of ITPA, 1956 Ref. Aizawl PS Case No. 284 of 2016 Dt. 1/7/2016 Complainant: State of Mizoram By Advocate : Mr, Saihmingliana Sailo, Addl. PP Versus Convicted accused: __ Sjo Tlanchhuahthanga _| Nursery Veng, Aizawl. 2. Mr, Jacob Lalramtiama _ Sjo Lalduhawma _ Nursery Veng, Aizawl. By Advocates #1, Mr Joseph L. Renthlei . 2. Mr. Vietor L. Rokhum BEFORE: Dr. H..C, Lalrinchhana, HIS Additional District & Sessions Judge Aizawl Judicial District Aizawl, Mizoram Date of hearing 30-03-2021 Date of order +: 30-03-2021 ORDER SE CNe AT OTIOTT, athe Coun OAT, DAT & Soon age AT |‘On convicting the accused Mr. David Lallawmawma S/o Tlanchhuahthanga, ‘Nursery Veng, Aizawl and Mr, Jacob Lalramtiama S/o Lalduhawma, Nursery "Veng, Aizawl are hereby convicted by this court on dt. 26/| Part: Il r/w 4 (2)/5 (1)(a)(o)(@) Part: T of ITP Act, 1956, sent ~ conducted on today. . Mr: Joseph L. Renthlei, learned counsel for the convicted accused submitted following mitigating circumstances in favour of the said convicted accused persons, namely:~ ‘A. With respect of the convicted accused - Mr. David Lallawmawma (No previous criminal record and no bad antecedents. (2)Young age of 31 years old having long future to rebuild himself. 3)During five years of pending trial of the case, he is reformed and now turn into active church services. (4)Cooperate the court even during long pending trial and never absent in the court proceedings. ae (5)His mother was sad demised in 2019 and his father was also untimely sad demised in 2020, he is now living only with his elder sister and he became breadwinner. B. With respect of the convicted accused - Mr. Jacob Lalramtiama (1)During five years of pending trial of the case, he is reformed and now turn into active church services in a local Methodist church. (2)Young age of 33 years old with long future. (3)He is living only with his old aged mother, he is looking after her as breadwinner. (4)No previous criminal record and no bad antecedents. (5)Cooperate the court even during long pending trial and never absent in the court proceedings. 3. Thus, learned counsel for the convicted accused prayed to inflict minimum. term of sentence. 4. Per contra, Mr. Saihmingliana Sailo, learned Addl. PP contended and submitted following aggravating circumstances to inflict deterrent form of Punishment, namely:~ (1) Huge gravity of offence which is mandate to address in the society by deterrent form of punishment Le selling girls known as Prostitution even by abusing social media, | SORE AT eye ‘No AT OF2O17, Ta the court of Ada, Distt & Sessions judge, Naw)Page no, 3 of 4 (2) Anti social elements of crime. ‘Learned Addl. PP thorefore prayed to inflict punishment greuter than ‘minimum punishment with maximum amount of fine viewing expengos on their prosecution, In the case at hand, it is relevant to rely in the ratio laid down in The State ~ of Madhya Pradesh vs Udham', the Supreme Court has held that "12, Sentencing for crimes has to be analyzed on the touch stone of three tests viz., crime test, criminal test and conparative proportionaLity test. Crime test involves factors Like extent of planning, choice of weapon, modus of crine, disposal modus (if any), role of the accused, anti-social or abhorrent character of the crine, state of victim. Criminal test involves assessment of factors such as age of the criminal, gender of the criminal, economic conditions ¢ social background of the criminal, motivation for crine, availability of defense, state of mind, instigation by the deceased or any one from the deceased group, adequately represented in the trial, disagreenent by a judge in the appeal process, repentance, possibi ity of reformation, prior criminal record (not to take pending cases) and any other relevant factor (not an exhaustive List). 13. Additionally, we may note that under the crime test, seriousness needs to be ascertained, The seriousness of the crime may be ascertained by (i) bodily integrity of the victim; (ii) loss of material support or anenity; (iii) extent of huniliation; and (iv) privacy breach.” 7. On weighing extenuating and aggravating circumstances as discussed above, although lascivious form of crime in the era of modernizing of society, this court finds following mitigating circumstances to inflict minimum term of punishment, namely:- (DYoung age of below 35 years old having a long future to reform themselves (2)No criminal antecedents and no previous criminal record. _ 161.22" October, 2019 in Criminal Appeal No. 690 of 2014 SCN GTar2OI7, Ta the court of AGRI Distet & Sessions judge, AizawlC (3) Sole breadwinners in their respective families. © (&) Good cooperation of the court during trial of their cases. . Thus, the convicted accused person, namely- Mr. David Laan IS 5 ‘Aizawl and Mr. Jacob Lalra - ‘Tlanchhuahthanga, Nursery Veng, Lalduhawma, Nursery Veng, Aizawl are hereby sentenced u/s 4 (1) Part. IL ty 'w 4 (2) of the Immoral Traffic (Prevention) Act, 1956 to undergo seven (7) Years imprisonment each, they are further sentenced ws 5 (1)(a)(o\(@) Part: 1 ‘of the Immoral ‘Traffic (Prevention) Act, 1956 to ‘undergo three (3) years: tigorous imprisonment with a fine of ¢ 2,000/- (Two thousand rupees) each, id/si for another period of one (1) month each. Being @ single transaction, oth the sentences shall run concurrently. Poriod of detention of the offenders which they had already undergone (If any) shall be set off as enjoined by section 428 of Cr PC. 10.With this order, case shall stand disposed, of and give this copy to all ‘concerned. © Dr. H.T.C. LALRINCHHANA Additional District & Sessions Judge Aizaul Judicial District- Aizawl Page no. 4of 4 Momo No. S.C. No, 41 of 2017- AD&SJ (A)/_F-7_: Dated Aizawl, the 30% March, 2021, Copy to:- 1. Mr. David Lallawmawma S/o Tlanchhuahthanga, Nursery Veng, Aizawl C/o Mr. Joseph L. Renthlei, Advocate. Mr. Jacob Lalramtiama S/o Lalduhawma, Nursery Veng, Aizawl C/o Mr. Joseph L. Renthlei, Advocate. . Mr. Saihmingliana Sailo, Addl. Public Prosecutor. District Magistrate, Aizawl District, Aizawl Superintendent of Police, Aizawl District, Aizawl. Dy SP (Prosecution), District Court, Aizawl Superintendent, Central Jail, Aizawl. PS to Hon'ble District & Sessions Judge, Aizawl Judicial District, Aizawl. We Judicial Section, District Court, Aizawl. (0, Case Record. eit e to AT af TOIT, Ta tho court of AGA, Dstt & Sessions judge, Aizaw