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Synopsis

A Delhi court has recently acquitted two women of the accusation of soliciting for prostitution more than 14 years after an FIR was filed against them. The court stated that there were "material omissions" and "missing linkages" in the evidences. 

Metropolitan Magistrate Rupinder Singh Dhiman said, "I find that there are material omissions in the prosecution version and missing links in the chain of circumstances sought to be proved by the prosecution."

The Two women had been accused of seducing or soliciting for purpose of prostitution under section 8 of the Immoral Traffic (Prevention) Act in a raid conducted on the basis of a prostitution racket tip-off in the year 2008.

The Immoral Traffic (Prevention) Act, according to the court, does not make prostitution itself illegal; however, there are a number of offences that are punishable under the act, such as maintaining and using a property as a brothel, surviving off the proceeds of prostitution, pimping, soliciting, seducing a person for prostitution while they are in custody or otherwise, prostitution in a public place, etc.

The court cited the testimony of a head constable who pretended to be a decoy customer and noted that the policeman made no mention of any "entreatment" by the two accused. The Court further stated that despite the head constable informing other police officers of the accused's "obscene gestures," the claim was unsupported.

In view of the above, the court noted, "Therefore, I hold that the state has failed to prove beyond reasonable doubt that the accused indulged in seduction or solicitation for purpose of prostitution".

Case Details have been withheld