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K. SUJANA
Bollu Sai Kishore – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioners/accused Nos. 4 and 5 to quash the proceedings against them in S.C. No. 176 of 2024 on the file of VI Additional Chief Judicial Magistrate, Ranga Reddy District, Kukatpally, for offences punishable under Section 370(A)(2) of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short ‘the Act’).
2. The brief facts of the case are that on 10.03.2022 at about 20:50 hours, on receiving credible information about running of brothel house at H. No. 3-916, 3rd floor-302, Preethi Enclave, Road No. 47, Swon Environmental Colony, Ayyappa Society, Madhapur, the Police raided the said premises and noticed that with an intention to earn money in ease manner, accused Nos. 1 to 3 procured the victim women for participating in illicit sexual intercourse with the customers by offering attractive amounts. It is stated that accused Nos. 4 and 5 went to the said premises for participating in illicit sexual intercourse. As such, except accused Nos. 1 and 2, who are absconding, accused Nos.3 to
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 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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