Deterrence Required To Curb Such Social Evil: Bombay HC Sentences Man To 10 Yrs RI For Taking Minor To Red Light Area To Induce Her Into Prostitution

The Bombay High Court recently convicted and sentenced a man to ten years of rigorous imprisonment for bringing a 14-year-old girl to a red-light area in Nashik with the intention of inducing her into the business of prostitution.

Justice PK Chavan observed that the cases of inducing minors for the purpose of prostitution are on the rise, and the convict, one Vijay Bhika Dive, does not deserve sympathy.

“The offences committed by the respondent – accused are indeed serious and have it's impact on the society…It appears that the victim had reposed trust upon the respondent – accused since she used to call him as Mama. Of late, there is a rise in the cases under The Immoral Traffic (Prevention) Act, 1956…There respondent – accused herein had indeed committed the aforesaid offences and, therefore, he does not deserve sympathy. In order to curb such social evil, some deterrence is required”, the court observed.

The court allowed State's appeal challenging the acquittal of the accused by the sessions court and convicted him under Sections 363 (kidnapping), 366A (procuration of minor girl) of the IPC, and Section 5 (procuring, including or taking person for prostitution) of The Immoral Traffic (Prevention) Act, 1956.

Prosecution's case

The victim, a 14-year-old girl, is the daughter of the complainant. She studied at an Ashram School and was acquainted with the accused, referred to as "Mama" (maternal uncle) by her and her siblings. The accused, a neighbour of the victim's brother, took her to Nashik under the pretext of buying clothes and chappal but ended up in a red-light area. The victim escaped and told about the incident to social workers from "Disha Sanstha", present in the area working for the welfare of the prostitutes, leading to police involvement.

The prosecution argued that the accused had enticed the victim, and his conduct in taking her to a red-light area constituted offenses under the IPC and the Immoral Traffic Act. The trial court, however, acquitted the accused, giving him the benefit of the doubt.

Arguments

Additional Public Prosecutor GP Mulekar contended that the evidence, especially the victim's testimony and that of witnesses from the red-light area, established the guilt of the accused. The victim had accompanied the accused as she was enticed, and merely because brother of the victim and his wife were not examined would not ipso facto mean that the prosecution failed in proving the charge beyond all reasonable doubts, she said.

Advocate Rajesh B Parab for the accused supported the acquittal arguing that the victim voluntarily accompanied the accused, and interference with the judgment of acquittal should be approached cautiously.

Verdict

The court analysed the victim's testimony and cross-examination, as well as statements from witnesses in the red-light area. The court found that the accused had the intention from the beginning to bring the victim to Nashik for prostitution. Since the victim was 14 years of age, her act of alleged voluntarily accompanying the accused would be insignificant as it would indeed amount to kidnapping from her lawful guardianship, the court held.

The court opined that the accused had intention and preparation to commit the offence. The court rejected the defence portrayal of the accused as innocent considering his frequent visits to the red-light area.

The testimony of witnesses revealed that the accused often brought women to an illegal brothel. On this specific occasion, he brought the victim and asked for a room. The witness immediately informed others, and the police were called.

The court determined that his actions fell under Section 366A of the IPC, involving the inducement of the victim for illicit intercourse.

“It has also been proved that the respondent not only took the victim at the red light area, especially to the said witness, but even asked for a room. This act, indeed, would attract ingredients of Section 5 of the Act of 1956”, the court added.

The court opined that the evidence presented by the prosecution, including the victim's testimony, remained consistent and reliable. The court reversed the trial judge's decision to acquit, deeming it a miscarriage of justice. The trial Judge committed a grave error in concluding that the victim who voluntarily accompanied the accused to Nashik only because prosecution did not examine victim's brother and his wife.

The court opined that the incident in question cannot be explained except on the basis of the guilt of the accused and is inconsistent with his innocence, and pointed out the likelihood of the accused being a pimp.

The court convicted Bhika and sentenced him to rigorous imprisonment and a fine. The court directed the entire fine amount to be given as compensation to the victim under Section 357(1) of the CrPC.

Case no. – Criminal Appeal No. 65 of 2015

Case Title – State of Maharashtra v. Vijay Bhika Dive

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