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K. SUJANA
Basanolla Vijayender – Appellant
Versus
State of T. S. – Respondent
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioners, who are arrayed as accused Nos.3 and 4 in FIR, seeking to quash the proceedings against them in S.C.No.543 of 2023 on the file of I Additional Senior Civil Judge-Cum-I Additional Sessions Judge, Malkajgiri, for the alleged offences punishable under Section 370(A)(2) of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Sections 3 to 5 of the Immoral Traffic (Prevention) Act, 1956 (for short ‘the Act’).
2. The brief facts of the case are that on 20.05.2022 at about 19:00 hours, on receiving credible information about running of brothel house at Fascinova Unisex Saloon and SPA, A.S.Rao Nagar, the Police raided the said premises and noticed that with an intention to earn money in ease manner, accused Nos.3 and 4 procured the victim women for participating in illicit sexual intercourse with the customers by offering attractive amounts. It is stated that accused Nos.3 and 4 went to the said premises for sexual intercourse. As such, accused Nos.1 to 5 along with the victim women have been taken into custody and seized cash and mobile phones. Hence,
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....
A customer may still be liable for prosecution under trafficking laws if found in situational exploitation, regardless of previous rulings on knowledge or consent.
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.
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