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Synopsis

The Madras High Court recently upheld the conviction of three women and a man for luring and coercing two schoolgirls into the commercial sex trade. However, the court acquitted 11 other accused persons. Court also modified the sentences of the four convicts.

The bench of Justices MS Ramesh and Sunder Mohan passed the order on July 16, describing the case as "unfortunate" and attributing the victims' exploitation to extreme poverty.

"This is an unfortunate case where the victims were lured to commercial sex trade due to extreme poverty. PW9 lost her parents and was brought up by her grandmother-PW3. PW2 lost her mother and was brought up by her father-PW1. The evidence suggests that a lack of family love and poverty have driven these poor victims to commercial sex activity," the bench said. 

Court though confirmed the sentences for the offences under Sections 366-A, 372, and 342 of the IPC for the two women and the man but deemed that a minimum sentence of 10 years' rigorous imprisonment along with a fine of Rs. 50,000 would be more appropriate for their conviction for offence under Section 6 read with Section 17 of the POCSO Act.

The third woman was acquitted of charges under Section 372 of the IPC and Section 6 r/w 17 of the POCSO Act but she had her conviction confirmed for offences under Sections 366-A and 342 of the IPC and was sentenced to imprisonment for period already undergone and to pay a fine of Rs.10,000.

The maximum sentence awarded to all the convicts is 10 years of rigorous imprisonment along with a fine.

Additionally, the court ordered a compensation of Rs. 3,00,000 each for the victim girls, to be paid by the State from the Tamil Nadu Child Victims Compensation Fund or another relevant scheme, in addition to any compensation they have already received.

The judgment was delivered in the criminal appeals filed by all the accused persons against their conviction by the trial court.

The case in brief was that the two victim girls aged 13 and 14 years, who were studying in 7th and 8th standard, respectively, were abducted by the accused and were forcibly trapped into commercial sex trade. The 14-year-old was enamored by one of her friend's financial status and when she enquired from that friend, she said that one woman named Dhanalakshmi @ Lakshmi (convicted) had given her that money.

Thereafter, during Pongal Holidays, 2014 (January), she was introduced to the woman and when she visited the woman's house, she introduced the girl to a man who committed penetrative sexual assault on her. 

The woman also threatened the girl that if she did not continue to visit her place, she would expose her to her classmates. Thereafter, the woman took her to several places, including the house of one Kala @ Mekala (convicted) where the girl was again indulged in sex. 

Later on, the girl brought the other girl to the house of Dhanalakshmi and she was also trapped in the commercial sex trade. There were as many as 19 people were made accused in the case. 

The allegations against accused Fathima (convicted) were that she was running commercial sex trade and she had paid money to Dhanalakshmi for the trafficking of the two victims.

The convicted man namely Anbazhagan @ Anbu was held guilty of taking the girls to several places and subjecting them to prenetrative sexual assault.

For the accused who had been acquitted, court found that there were contradictions in the victims' statements regarding their involvement and the evidence against them was either weak or doubtful. 

Case Title: Mohanraj @ Mohan v. State and connected matter