JUDGMENT :

S.S. Shinde, J.

1. At the outset it is required to be noted that since the crime registered by the Police is under the Immoral Traffic (Prevention) Act, 1956 so also under the Indian Penal Code and Victim is alleged to have been compelled to involve herself in prostitution, the identity of the victim needs to be concealed, and hence she is referred to as Petitioner No.2 - XYZ. The Registry is directed to maintain the record accordingly.

2. This Writ Petition takes an exception to the order dated 17/09/2018 passed by the Additional Sessions Judge, Solapur by which order Criminal Appeal No.92 of 2018 filed by the Petitioner herein came to be rejected and the order dated 08/08/2018 passed by the Additional chief Judicial Magistrate, Solapur in C R No.412 of 2018 sending the Victim XYZ in the aforesaid crime for a period of one for her care, protection and rehabilitation to Government sudhar Gruh, Maze Maher, Mundhawa, Pune from 08/08/2018 came to be confirmed.

3. Brief facts leading to filing of the present Writ Petition are as under :-

The Petitioner herein claims to be the husband of Victim XYZ. It is the case of the Petitioner that a complaint came to be filed against Laxman Mane and others with Foujdar Chawadi Police Station, Solapur under Sections 370(1) (2) and (3), 370(A)(2) of Indian Penal Code and under Sections 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act. In pursuance of the said complaint, a raid was conducted on hotel Shri Vitthal Lodge, Murarji Peth, Solapur, by the police, and the Police have taken the custody of Victim XYZ. It is the case of the Petitioner that immediately he has filed an application seeking custody of Victim XYZ before the learned Chief Judicial Magistrate, Solapur.

4. It appears that the Trial Court recorded the statements of both the Petitioner as well as the Victim XYZ. However, the Trial Court found that there is inconsistency in the statement of the victim and the applicant i.e. the Petitioner herein, about the marriage. It appears that the Applicant i.e. the Petitioner herein did not produce any document about the marriage nor did he produce any document to show that the victim is his wife. The applicant/Petitioner did not produce any document to support his case that he is residing at Dombiwali and working as security guard. The Trial Court also called for the report of Probation Officer and the medical report to ascertain the age and also to ascertain sexually transmitted diseases to Victim XYZ. The Probation officer in his report has raised doubt about the capability of the Petitioner to take care of the Victim, however, he has not given any opinion about handing over custody of the victim to the Petitioner. The overall findings recorded in the medical report are consistent with sexual intercourse. The Trial Court has observed that there is nothing on record to show the applicant's relation with the victim, and the genuineness and capacity to rehabilitate the Victim. It appears that the Applicant/Petitioner produced his aadhar card as well as the aadhar card of Victim. It is recorded by the Trial Court that the aadhar card of the Applicant bears the address of West Bengal whereas the aadhar card of the Victim bears the address of Nalasopara, Palghar. The Trial Court held that the aadhar card is not evidence of marriage. The Trial Court held that if custody of victim is given to the applicant, she would again get involved in immoral trafficking. As indicated herein above, the said application of the Petitioner came to be rejected by the Trial Court by order dated 08/08/2018 and direction was given to send the Victim XYZ to Government Sudhar Gruh, Maze Maher, Mundhawa, Pune (herein after referred to as the Corrective Institution)

5. Being aggrieved by the order of the Trial Court, the Petitioner preferred Appeal No.92 of 2018 before the learned Additional Sessions Judge, Solapur. The Appellate Court recorded finding that though the applicant has stated that his earning is Rs.15,00