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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Bikash Kumar Jain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual basis of the case (Para 1 , 2) |
| 2. legal provisions and definitions outlined (Para 3) |
| 3. arguments by the petitioners (Para 4 , 5 , 6) |
| 4. counterarguments by the state (Para 7 , 8 , 9) |
| 5. court's assessment of evidence and case viability (Para 10 , 11 , 12 , 13 , 14) |
| 6. final disposition of the case (Para 15 , 16) |
S.S. Mishra, J.
1. 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 s
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 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....
In cases where a sex worker engages in prostitution out of her free will without there being any inducement, force or coercion, it would still be a question of fact whether woman is carrying on the p....
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.
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