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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANARAO
Imran Ahamad, S/o. Abdul Rehman – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
Y. LAKSHMANARAO, J.
The Criminal Revision Case has been filed under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the BNSS challenging the order dated 14.05.2024 in Crl.M.P.No.75/2023 in S.C.No.84/2022 passed by the learned III Additional Metropolitan Sessions Judge-cum-VII Additional District & Sessions Judge, Visakhapatnam, the Trial Court in refusing to discharge the Petitioner/Accused No.2 from the case registered for the alleged offence punishable under Section 370A(2) of the Indian Penal Code, 1860, the I.P.C., and Sections 3, 4 & 5 of the Immoral Traffic (Prevention) Act, 1956, the I.T.P.Act
2. The Petitioner/Accused No.2 has filed a petition in Crl.M.P.No.75 of 2023 before the learned Trial Court seeking his discharge from the case. The learned Trial Court vide order dated 14.05.2024 dismissed the discharge petition under Section 239 of ‘the Cr.P.C.’ Feeling aggrieved by the dismissal of the discharge petition the Petitioner/Accused No.2 approached this Court.
3. Sri K.Devi Prasanna Kumar, learned Counsel for the Petitioner while reiterating the grounds of Revision argued that the Petitioner would not come under the preview of the Section 3
Customers cannot be prosecuted under the Immoral Traffic (Prevention) Act without evidence of trafficking, but may be liable under Section 370(A)(2) IPC if they had reason to believe victims were tra....
The absence of evidence proving that victims were trafficked or exploited negates the applicability of Section 370(A)(2) IPC against customers.
Point of law : PITA Act – Discharge of accused persons - Procurement of victim girls –Raid in house – No evidence and no statement of victim girls and statement of dummy customers
A customer may still be liable for prosecution under trafficking laws if found in situational exploitation, regardless of previous rulings on knowledge or consent.
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