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Synopsis

The Bombay High Court has recently sentenced a man to 10 years of rigorous imprisonment for kidnapping a 14-year-old minor and trying to sell her for prostitution.

A single judge bench of Justice PK Chavan was hearing an appeal filed by the State Government against the Sessions Court's order acquitting the man.

Vijay Dive was acquitted by the Sessions Court for the offence under Sections 363 and 366A (kidnapping and procuring a minor girl) of the Indian Penal Code and Section 5 of the Immoral Trafficking (Prevention) Act.

It was alleged that Vijay kidnapped the minor and took her to a red-light area in Nashik. After she was taken to a room, she got scared and ran away.

After the victim met a few women (social workers – Diksha Sanstha) on her way, she informed them about the incident. The social workers then took the minor to the police, after which an FIR was lodged.

The State Government relied on the testimony of a brothel manager whom Vijay met for trafficking the minor.

The high court rejected Vijay’s argument that the minor voluntarily accompanied him despite his reluctance. The court said since the victim was 14 years old, the question of accompanying voluntarily is insignificant.

The high court, while sentencing Vijay to 10 years of rigorous imprisonment said that there has been a rise in cases under the Immoral Traffic (Prevention) Act, 1956.

“Of late, there is a rise in the cases under The Immoral Traffic (Prevention) Act, 1956. The said Act is a stringent legislation in order to curb the menace of human trafficking, especially, when a child or minor is induced or carried for the purpose of prostitution. There respondent – accused herein had indeed committed the aforesaid offences and, therefore, he does not deserve sympathy. In order to curb such social evil, some deterrence is required and, therefore, having considered the entire evidence and the facts on record, following sentence would meet the ends of justice,” the order reads.

The bench added that ITPA is a stringent legislation to curb the menace of human trafficking, especially, when a child or minor is induced or carried for prostitution.

“ITPA is a stringent legislation in order to curb the menace of human trafficking, especially, when a child or minor is induced or carried for the purpose of prostitution. The accused herein had indeed committed the aforesaid offences and, therefore, he does not deserve sympathy. In order to curb such social evil, some deterrence is required and, therefore, having considered the entire evidence and the facts on record, following sentence would meet the ends of justice,” the order reads.

Therefore, the high court convicted him and also imposed a fine of Rs. 50000.

Case title: State of Maharashtra vs Vijay Dive