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SIBO SANKAR MISHRA
Bikash Kumar Jain – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
S.S. Mishra, J.—An FIR No. 212 dated 19.05.2018 in UPD, Bhubaneswar Capital Police Station was registered against many accused persons under Sections 3, 4, 5, 6 and 7 of Immoral Traffic (Prevention) Act, 1956. The present petitioners were also named in the FIR. The allegations against the petitioners in the FIR in precise were that being the customers, they were availing services from a Spa Centre. Under the guise of running a Spa Centre, a brothel is being run from the same place. One Surendra Kumar Mohapatra under the managership of Sanjay Kumar Rana was running the Spa in the name and style of “H2O Spa And Hamam”. It is alleged that they procure the girls and using them for prostitution. On 19.05.2018 a raid was conducted by the Police, eight young girls were found inside the Spa, out of them seven girls were found to have been doing sexual activities with seven persons. They were found in a compromising position. It is alleged that the present petitioners were also engaged in sexual activities with two girls. All the girls were confronted. They stated that Rs. 2,000 each has been charged for giving sexual favour to the clients by the Manager of the Spa. The girls discl
Sexual exploitation – In absence of any evidence likely to come on record, securing conviction against accused is impossible and case can be quashed.
The absence of evidence proving that victims were trafficked or exploited negates the applicability of Section 370(A)(2) IPC against customers.
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 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.
The main legal point established in the judgment is that the allegations in the FIR must disclose an offence, and the court can exercise its inherent power under Section 482 Cr.P.C. to set aside and ....
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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