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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SUJANA
Kummari Jagadesh Prasad – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed under Section 5 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNS S ’) by the petitioner/accused No.3, to quash the proceedings against him in Crime No.764 of 2024 on the file of Sanathnagar Police Station, Cyberabad, registered for the alleged offences punishable under Sections 143 , 144 of Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS ) (previously, Sections 3 70 and 370(A) of the INDIAN PENAL CODE , 1860 (for short ‘the IPC’)) and Sections 3 to 5 of the Immoral Traffic (Prevention) Act (for short ‘the Act’).
2. The brief facts of the case are that on 05.10.2024, at about 19:00 hours, on receiving credible information about running of brothel house at 1st floor, Room No.101, H.No.7-12-1027, SRT 772, Kasivilla, Sanathnagar, the Police raided the said premises and noticed that with an intention to earn money in ease manner, accused No.1 procured the victim women for participating in illicit sexual intercourse with the customers by offering attractive amounts. It is stated that on 05.10.2024 accused Nos.2 and 3 went to the said premises to fulfill their sexual desires and found with the victim women in the closed b
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 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.
The court emphasized that mere presence at a brothel does not constitute trafficking or exploitation without substantial evidence, leading to the quashing of charges.
Knowledge of trafficking is essential to constitute offences under trafficking laws; voluntary engagement by individuals negates allegations against a customer.
A customer in a trafficking case cannot be charged under the Immoral Traffic (Prevention) Act unless involvement in managing prostitution is established.
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