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IN THE HIGH COURT OF BOMBAY AT GOA
ASHISH S.CHAVAN
Mahendra Salgaonkar S/o Shri Pradeep Salgaonkar – Appellant
Versus
State, through Police Inspector, Crime Branch, Panaji – Respondent
| Table of Content |
|---|
| 1. raid facts and procedural history established. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties dispute evidence for charges. (Para 7 , 8) |
| 3. decoy payments and recoveries prove prostitution. (Para 9 , 10 , 15) |
| 4. sexual exploitation defined inclusively; consent irrelevant. (Para 11 , 12 , 13 , 14) |
| 5. petitioner's precedents and parity distinguished. (Para 16 , 17) |
| 6. framing charge assumes prosecution evidence true. (Para 18 , 19) |
| 7. charge framing order upheld. (Para 20 , 21) |
JUDGMENT :
ASHISH S. CHAVAN, J.
1. By way of the present Petition, the Petitioner has invoked the inherent jurisdiction of this Court to quash and set aside an order dated 17.01.2024 passed by learned Sessions Judge, North Goa, inter alia directing charges to be framed against the Petitioner for offences punishable under Sections 370, 370-A(2) of IPC and Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956.
2. he brief chronology of events necessary to appreciate the factual matrix in the background is as follows:
(i) A written complaint was filed by PI Neenad Deulkar, the Complainant, then attached to the CID Crime Branch, Ribandar, Goa, on 09.08.2014 on behalf of the State against the Petitioner
At charge framing stage, prima facie material from decoy raid, marked currency recoveries, and scene details suffices to proceed under trafficking provisions despite victim denials of coercion.
Customers cannot be prosecuted under trafficking laws without evidence of knowledge regarding the exploitation of individuals involved.
Sexual exploitation – In absence of any evidence likely to come on record, securing conviction against accused is impossible and case can be quashed.
The act of visiting a sex worker as a customer does not constitute an offence under the Immoral Traffic (Prevention) Act, according to established legal precedents.
A customer who pays for procuring a girl for prostitution can be charged under sections 5 and 6 of the Immoral Traffic (Prevention) Act, 1956.
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.
A customer at a brothel cannot be prosecuted under the Immoral Traffic (Prevention) Act without evidence of involvement in procuring prostitution.
The prosecution must provide credible and primary evidence to support charges under the Immoral Traffic (Prevention) Act and the Goa Children's Act, particularly when serious allegations such as chil....
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