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NINALA JAYASURYA
Korada Subrahmanyam – Appellant
Versus
State of A. P. – Respondent
JUDGMENT
1. The present Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1972 seeking to quash the proceedings against the petitioner in C.C.No.78 of 2020 on the file of the Court of Principal Junior Civil Judge, Mangalagiri.
2. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor representing the respondent.
3. The petitioner is Accused No.2 in Crime No.179 of 2017 on the file of Tadepalli Police Station. After completion of investigation, a charge sheet was filed against him along with other accused for the offences punishable under Ss. 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956 (ITP Act) alleging that when the Police raided a brothel house, the petitioner was present there as a customer and he visited the said premises to have sexual intercourse with a prostitute on payment of cash.
4. The learned counsel for the petitioner inter alia submits that prosecution for the offences under Ss. 3, 4 and 5 of ITP Act is not maintainable against a person, who visits the brothel house only as a customer. He further submits that the legal position as to whether a customer who visits a brothel house is liable for prosecution o
A customer visiting a brothel house is not liable for prosecution under the ITP Act.
Point of Law : Continuation of criminal proceedings against petitioner therein, who was present in a brothel house at time of raid by Police as a customer, or fastening with any criminal liability in....
The absence of evidence proving that victims were trafficked or exploited negates the applicability of Section 370(A)(2) IPC against customers.
A customer in a brothel can be prosecuted under Section 5(1)(d) of the Immoral Traffic (Prevention) Act, as they induce the act of prostitution.
A customer visiting a brothel house for prostitution is not liable for prosecution.
“Prostitution” means sexual exploitation or abuse of persons for commercial purpose, and expression “prostitute” shall be construed accordingly.”
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