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‘Deeply disturbing reality in India’: Supreme Court upholds couple’s conviction for child trafficking, sexual abuse
A bench of Justices Manoj Misra and Joymalya Bagchi observed that the cases were not isolated aberrations but form part of a wider and entrenched pattern of organised exploitation that continues to flourish despite legislative safeguards.
The Supreme Court has stayed the conviction of Manikrao Kokate, protecting him from immediate disqualification as an MLA. (File)
The Supreme Court has upheld the conviction of a man and his wife in a case where a minor girl was trafficked and sexually exploited while highlighting the “deeply disturbing reality” of child trafficking and commercial sexual exploitation in India.
A bench of Justices Manoj Misra and Joymalya Bagchi observed that the cases were “not isolated aberrations” but formed part of a wider and entrenched pattern of organised exploitation that continues to flourish despite legislative safeguards.
“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 order read.
The trafficking case
The complainant had received information from NGO workers that minor girls were being kept for sex work at a rented house. Upon raiding the spot, the minor survivor was rescued, and a cell phone and cash were recovered from the wife.
The trial court convicted the couple under Sections 366A (procuration of minor girl), 373 (buying minor for prostitution), 34 (common intention) IPC read with various sections of the Immoral Traffic (Prevention) Act, (ITPA) 1956. The appeal before the high court was dismissed.
The Supreme Court held that both trial court and the high court correctly considered the evidence of the minor trafficked victim, considering the need for sensitivity and latitude while appreciating the evidence of minor victims of sex trafficking and prostitution.
The court further underscored certain crucial indicators in such cases.
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- Her inherent socio-economic and, at times, cultural vulnerability when the minor belongs to a marginalised or socially and culturally backward community.
- Complex and layered structure of organised crime networks which operate at various levels of recruiting, transporting, harbouring and exploiting minor victims.
- Recounting and narration of the horrible spectre of sexual exploitation even before law enforcement agencies and the Court is an unpalatable experience leading to secondary victimisation.
- If on such nuanced appreciation, the version of the victim appears to be credible and convincing, a conviction may be maintained on her sole testimony.
- A victim of sex trafficking, particularly a minor, is not an accomplice and her deposition is to be given due regard and credence as that of an injured witness.
The court observed that the minor victim’s testimony is credible and had established that the man and his wife had procured her for sexual exploitation.
The court further noted that the statutory requirements under Sections 15(2) of ITPA which provides for search operations were substantially complied with and the conviction could not be doubted on such score.
The court therefore upheld the conviction of the man and his wife and dismissed the appeal.
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