Accused of earning money by prostitution and cheating people under the pretext of marriage, the Uttarakhand High Court denied the bail to three women recently.
Justice Ravindra Maithani was hearing the bail plea of 3 women accused booked under Sections 370(4), 363, 366-A, 420, 120-B, 34 IPC, Section 16/17 of POCSO and Sections 3, 4, 5 7 and 9 of The Immoral Traffic (Prevention) Act, 1956.
According to the information received on 14th July 2020 that the applicants (Kanchan Mandal, Sonam Dubey and Rajkumari) lived on the earning of prostitution, a raid was conducted by the police. Police arrested all the applicant along with a young girl of 14 years who was to be given in marriage for which a deal was stuck for Rs.4 Lakh.
A woman named Pooja pushed her into prostitution, young girl of 14 year old revealed. According to the young victim girl, she was not agreeable to it, but, she was threatened.
The counsel for applicant Kanchan submitted that being a 50-year-old woman and is sick, she is entitled to bail. And on behalf of applicant Sonam and Rajkumari, it was submitted that the prosecution has not proved the intention of the applicants as to why did they commit this act.
The Court observed that, “Intention loses its significance when the act committed is apparent. Here is a case whereupon information having been received, a deal was fixed with the applicants. They took money and cheques as well. They were to supply a young girl of 14 years.”
“This young girl, the victim narrated a pathetic story. Her childhood was snatched. She was pushed into the flesh trade firstly by a woman named Pooja, thereafter the applicant Rajkumari thereafter the applicant Kanchan Mandal and then the applicant Sonam.” Court further remarked.
Taking into account the date of birth of victim was 17th February 2002,the court said that,
“It means that she was just 13 years old in fact when she was recovered. Investigating Officer has also recorded the statements of the Police Officers who conducted the raid and also of the mother of the victim. According to the mother of the victim, they are too poor and the applicant Kanchan assured her that the victim is working in an office. She never knew where her young daughter was placed by applicant Kanchan.”
The Court said, “the applicant are not entitled to be enlarged on bail and the bail applications of the applicants – Kanchan Mandal, Sonam Dubey, and Rajkumari deserve to be rejected.”
