"Her Childhood Was Snatched", Ut'khand High Court Denies Bail To 3 Women Accused Of Pushing 14 Yr Old Girl Into Flesh Trade

The Bench of Justice Ravindra Maithani was hearing the bail plea of 3 women accused booked under Sections 370(4), 363, 366-A, 420, 120-B, 34 IPC, Section 16/17 of POCSO and Sections 3, 4, 5 7 and 9 of The Immoral Traffic (Prevention) Act, 1956.

Facts of the Case

A raid was conducted by Police on 14.07.2020 as they got information that the applicants (Kanchan Mandal, Sonam Dubey and Rajkumari) lived on the earning of prostitution. It was alleged that they earn the money by prostitution and cheat people under the pretext of marriage.

Further, a dummy customer was sent, a deal was stuck and money was handed over to the applicants. At the stipulated time, when the Police reached, they arrested all the applicants along with a young girl of 14 years who was to be given in marriage for which a deal was stuck for Rs.4 Lakhs.

The young girl revealed that firstly, a woman named Pooja pushed her into prostitution. Thereafter, applicant Rajkumari pushed her into the flesh trade and paid money to her parents and thereafter applicants Kanchan Mandal and Rajkumari both would send her for prostitution and take money from the persons.

According to the young victim girl, she was not agreeable to it, but, she was threatened.

The counsel for the applicant Kanchan submitted that she is a woman who is 50 years old and is sick, therefore, she was entitled to bail.

On behalf of the applicants Sonam and Rajkumari, it was submitted that prosecution has not proved the intention of the applicants as to why did they commit this act.

Court's Order

The Court observed,

"Intention loses its significance when the act committed is apparent. Here is a case where upon information having been received, a deal was fixed with the applicants. They took money and cheques as well. They were to supply a young girl of 14 years."

The Court further remarked that,

"This young girl, the victim narrated a pathetic story. Her childhood was snatched. She was pushed into the flesh trade firstly by a woman named Pooja, thereafter the applicant Rajkumari thereafter the applicant Kanchan Mandal and then the applicant Sonam."

The Court also took into account the fact that the date of birth of the victim was 17.02.2007. To this, the Court said,

"It means that she was just 13 years old in fact when she was recovered. Investigating Officer has also recorded the statements of the Police Officers who conducted the raid and also of the mother of the victim. According to the mother of the victim, they are too poor and the applicant Kanchan assured her that the victim is working in an office. She never knew where her young daughter was placed by applicant Kanchan."

Having considered the submissions, under the facts and circumstances of the case, the Court was of the view that it was not a case fit for bail.

Hence, the Court said, "the applicants are not entitled to be enlarged on bail and the bail applications of the applicants - Kanchan Mandal, Sonam Dubey and Rajkumari deserve to be rejected."