Child trafficking strikes at very foundations of dignity: Supreme Court upholds conviction of man

The Supreme Court on Friday upheld the conviction of one KP Kirankumar alias Kiran, a man from Bengaluru, in a child trafficking case.

"The instant case lays bare the deeply disturbing reality of child trafficking and commercial sexual exploitation in India, an offence that strikes at the very foundations of dignity, bodily integrity and the State’s constitutional promise of protection to every child against exploitation leading to moral and material abandonment. The facts before us are not isolated aberrations but form part of a wider and entrenched pattern of organised exploitation that continues to flourish despite legislative safeguards," a bench of Justices Manoj Misra and Joymalya Bagchi noted in its judgment.

The case before court stemmed from a complaint by one H. Sidappa who had received information from NGO workers, Tojo and Dominic that minor girls were being kept for prostitution at a rented house in Peenya, T. Dasarahalli, Bangalore.

After a raid was conducted, written complaint bearing FIR No. 778/2010 was filed at Peenya Police Station, Bangalore against Kirankumar and his wife u/s. 366A, 372, 373 & 34 of the Indian Penal Code, 1860 r/w. s.3, 4, 5, 6 and 9 of the Immoral Traffic (Prevention) Act, 1956. Charge-sheet was filed u/s. 366A, 372, 373 & 34, IPC r/w. s. 3, 4, 5 & 6, ITPA.

Trial Court had relied on the victim’s testimony which revealed that four unknown individuals had forcibly removed her from the Chikkabanavara bus stand and placed her in the custody of the two accused at a rented premises in Dasarahalli.

"She further stated that the appellant subsequently sent her to the house of one Naveen, where she was coerced into prostitution. Owing to her ensuing reluctance, she was taken back to the rented premises and forced to indulge in illicit sexual intercourse. A1 & A2 also wrongfully confined her within the rented premises and prevented her from establishing any contact with the outside world", the bench further noted.

The Trial Court had convicted both the accused u/s. 366A, 373, 34 IPC r/w. s. 3, 4, 5 & 6 of the ITPA. High Court, upon re-appreciation of the evidence on record, held that the ingredients of the alleged offences stood established.

Supreme Court noted that being driven by abject poverty, the victim had left her residence seeking respectful employment. Taking advantage of such economic vulnerability, four unknown persons brought her to the accused appellant’s house.

"In her presence, appellant made telephone calls for sexually exploiting the victim. Pursuant to such negotiation, some persons came to the house and the victim was asked to have sex with them, which she refused. Thereupon, A1 & A2 compelled her to accompany one Naveen, who took her to another place where she was sexually exploited. Thereafter, she was brought back to the appellant’s rented apartment where she had to satisfy the lust of various customers. Finally, on 22.11.2020, the police raided the apartment and rescued her. Her statement was recorded before the Magistrate which substantially corroborates her version in Court", the Supreme Court noted.

Top Court found that victim's testimony was most credible and established that the accused had procured her for sexual exploitation and utilised her for such immoral purposes.

"The minor’s version is also corroborated by other evidence on record. PW-11, an NGO worker had intimated the police with regard to prostitution being carried out by the appellant in his rented premises. In order to work out such information, PW-8, an associate of the NGO was sent as a decoy. PW-12 accompanied him. PW-8 found the minor in the premises and offered money to the appellant for sexual gratification. Thereafter, he intimated the police who subsequently raided the premises and rescued the minor. Police also recovered cash received by the appellant, along-with other incriminating articles namely, condom etc.", the supreme court further noted while upholding the conviction and sentence awarded to Rajkiran.

Case Title: K.P. Kirankumar @ Kiran vs. State by Peenya Police

Bench: Justices Misra and Bagchi

Judgment Date: December 19, 2025