While sentencing a man to ten years of rigorous imprisonment for kidnapping and attempting to sell a 14-year-old girl for prostitution, Justice Prithviraj K Chavan observed an increase in cases of immoral trafficking and emphasized that the accused should receive no leniency when it comes to the punishment imposed on them.
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MAHARASHTRA: The Bombay High Court upheld a significant decision, sentencing a man to a decade long imprisonment for his involvement in immoral trafficking. This ruling underscores the judiciary’s commitment to combating such social evils.
“ITPA is a stringent legislation in order to curb the menace of human trafficking, especially, when a child or minor is induced or carried for the purpose of prostitution. The 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 and, therefore, having considered the entire evidence and the facts on record, following sentence would meet the ends of justice,”
-the Court observed.
The case originated in the sessions court, where the accused, identified as Dive, was convicted for his criminal activities. The Maharashtra government, unsatisfied with the initial ruling, appealed to the High Court for a more stringent review. The prosecution’s case hinged on the testimony of a brothel manager, who revealed Dive’s attempt to traffic a minor.
Dive’s defense was based on the claim that the minor had willingly accompanied him, asserting his own reluctance in the matter. However, the High Court dismissed these arguments. The judges pointed out that the victim was only 14 years old, rendering any supposed voluntariness in accompanying Dive irrelevant. The Court categorically stated that Dive’s actions constituted kidnapping.
“The view taken by the trial court is an impossible view in the given set of facts and circumstances. Having re-appreciated and reviewed the entire evidence on record, I am constrained to take a view that the decision of the trial court will have to be reversed by interdicting to meet the ends of justice. There is every likelihood of the respondent being a pimp. However, there is absolutely no scope of any doubt creeping in,”
-the High Court said.
Further damning evidence against Dive emerged during the trial. It was revealed that he was a frequent visitor to Nashik’s red light district and had a history of trafficking women to that area. This background led the Court to conclude that Dive was far from being an innocent bystander in these events.
Accordingly, the judge convicted Dive and sentenced him to rigorous imprisonment of 10 years with a fine of ₹50,000.
The Bombay High Court’s decision in this case is a clear message against the scourge of human trafficking. By imposing a severe penalty on the perpetrator, the Court has emphasized the need for a strong legal response to curb this social evil. The ruling also serves as a reminder of the judiciary’s role in protecting vulnerable sections of society from exploitation and abuse.
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