Child Trafficking is One of the Most Serious & Heinous Forms of Exploitation: Bombay High Court

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Synopsis

The high court while rejecting the bail plea said that that footpath dwellers are most vulnerable and marginalised section.

A single judge bench of the Bombay High Court comprising Justice Anuja Prabhudesai has recently refused bail to a man while observing that child trafficking is one of the most serious and heinous forms of exploitation which not only impacts the child and the family but threatens the very fabric of the society.

“Child trafficking is one of the most serious and heinous forms of exploitation which not only impacts the child and the family but threatens the very fabric of the society. Considering the gravity of the offense, I am not inclined to exercise the discretion under Section 439 of the Cr.P.C. in favour of the Applicant, who is involved in child trafficking racket”, the court observed.

The bench of Justice Anuja Prabhdessai was hearing the bail application of one Parandam Gudenti, who was arrested in connection with the sale of a 10-month-old baby belonging to a family living on a footpath in Mumbai. The case related to an incident of August 2021 when a child was kidnapped from the footpath near a traffic police booth in the suburban Bandra area of Mumbai while the family was asleep.

The police found that the child was sold to a childless couple for Rs 35,000 after being passed on from one accused to another, with Gudenti being one of the intermediaries in the chain. According to the investigation, Gudenti bought the child for Rs 1.5 lakh from an accused who had kidnapped the child. He then sold the child to another accused for Rs 1.3 lakh, who in turn sold the child to the childless couple for Rs 35,000. Notably, even the adopting father was made an accused in the case.

During the bail hearing, Gudenti's lawyer, Advocate Aparna Vhatkar, argued that the investigation was complete, and the trial was about to commence. She further submitted that the Supreme Court had granted bail to the couple accused in the case. The police had recovered Rs 1.05 lakh from Gudenti in connection with the sale.

Justice Anuja Prabhdesai observed that footpath dwellers are the most vulnerable and marginalized section.

“The footpath dwellers particularly street children are the most vulnerable and marginalised section of the society, prone to victimization and exploitation” the court observed.

Case Title: Parandam Rajaram Gudenti vs State of Maharashtra