TITLE: THE STATE OF MAHARASHTRA V. MS. G.P. MULEKAR, A.P.P, FOR APPELLANT-STATE. MR. RAJESH B. PARAB,
CITATION: CRIMINAL APPEAL NO.65 OF 2015
DECIDED ON: 15 JANUARY 2024
CORAM: PRITHVIRAJ K. CHAVAN, J
Facts of the case
This case centers on the intricate details surrounding the prosecution of the respondent-accused. The charges primarily stem from the alleged abduction and attempted trafficking of a vulnerable 14-year-old girl who, under false pretenses, found herself ensnared in a red-light area in Nashik. The prosecution meticulously presented a wealth of evidence, drawing from the victim’s own harrowing experience, testimonies from witnesses who had been privy to the unfolding events, and statements from diligent police officials actively involved in the investigation. The victim, tragically lured into this distressing situation, played a crucial role in providing firsthand accounts of the events that unfolded during her ordeal. Additionally, the prosecution called upon a brothel operator, shedding light on the sinister machinations at play, as well as a social worker who contributed valuable insights into the broader implications of the case. These multifaceted evidentiary layers not only underscore the gravity of the charges but also establish a comprehensive foundation upon which the legal proceedings unfolded. In essence, the factual panorama presented in this case paints a distressing picture of the victim’s involuntary involvement in a web of criminal activities, intricately woven by the accused, which became the focal point of the subsequent legal scrutiny.
Legal Provisions:
The charges were brought under relevant sections of the Indian Penal Code (IPC) addressing abduction and under The Immoral Traffic (Prevention) Act, 1956, concerning attempted trafficking. The legal framework aimed to address crimes against minors and combat the immoral trafficking of individuals.
Issues Involved:
The primary issue before the court was the determination of the respondent-accused’s culpability in the charges of abduction and attempted trafficking. The trial court initially acquitted the accused, citing the absence of crucial witnesses and doubts surrounding the victim’s testimony.
Court’s Observation and Analysis
The trial court, in its initial judgment, acquitted the respondent-accused based on the absence of key witnesses and doubts regarding the victim’s testimony. However, the appellate judge disagreed, labeling the trial court’s decision as erroneous and unjust. The appellate analysis emphasized the severity of the offenses, the necessity for deterrence, and the escalating cases related to human trafficking. The appellate judge, overturning the trial court’s acquittal, convicted the respondent-accused on charges of abduction and attempted trafficking. Stressing the gravity of the offenses, the judge imposed a stringent sentence, including rigorous imprisonment and fines. The fine amount was designated for the victim as compensation in accordance with the law. The judge, highlighting the broader implications, directed the registry to certify the judgment and remit the record to the Sessions Court, Nashik, thereby concluding the appeal. In summation, the judgment reflects the court’s commitment to addressing human trafficking, ensuring justice for the victim, and establishing a precedent for severe punishment as a deterrent against such criminal activities. The legal analysis underscores the meticulous consideration of evidence and legal provisions, resulting in a decisive conviction and sentencing.
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Written by- Komal Goswami
