Thane court acquits woman in child trafficking and prostitution case, cites lack of evidence

A Thane court has acquitted a 26-year-old woman charged with child trafficking and running a prostitution racket, observing that the prosecution failed to prove she had called the alleged victims for the flesh trade.

Special Judge (for POCSO Act cases) SP Agarwal, in the order on April 17, also said the prosecution could not prove the allegations of a decoy trap and the minor status of one of the alleged victims.

According to the prosecution, the Nayanagar police laid a trap near Mira Road station in Thane district on April 8, 2021, following “secret information” that a woman was supplying females for prostitution. A decoy customer was used to fix a deal, following which the accused was arrested, and three “victims”, including a 17-year-old girl, were rescued, the prosecution said. The accused was charged with trafficking and other offences under the Indian Penal Code, the Protection of Children from Sexual Offences (POCSO) Act, and the Immoral Traffic (Prevention) Act.

The court, however, found loopholes in the police version. While the police claimed a call was made to the accused on a speakerphone to arrange the transaction, no recording or electronic evidence of the conversation was produced.

“The prosecution has not produced any documentary or electronic evidence proving such a phone call between the bogus customer and the accused... It was possible for the prosecution to give electronic evidence from both mobiles, but the prosecution has failed to do so,” it said.

The alleged victims also did not support the trafficking theory in their testimonies. One of them stated she was told she was being taken for “event work” in Navi Mumbai with a promised payment of Rs 15,000. Another testified that she had been offered the “job of a PRO,” the court observed.

None of the victims stated that they came to the spot for prostitution, it noted.

The prosecution also failed to prove the minor status of one of the victims beyond a reasonable doubt, the court said while acquitting the accused.