Human Trafficking Prevalent In Weaker Sections Of Society: P&H High Court Denies Bail To Woman Booked For Forcing Minor Into Sexual Exploitation

Suspecting child trafficking networks, "which now-a days are actively prevalent in the weaker sections of the society", the Punjab & Haryana High Court refused to grant regular bail to a woman accused of giving minor child to men for committing sexual assault.

Justice Namit Kumar noted, "there is sufficient and ample documentary evidence against the petitioner, indicating her involvement in luring and exploiting the minor victim girl and by facilitating and aiding the accused persons in perpetrating the heinous crime of rape upon her."

The Court added that, in case such kind of wrong doers, as like the petitioner, are granted protection of any kind in the wake of increasing menace and rising crimes under the provisions of POCSO Act, it will give wrong impact on the society at large, especially on the weaker sections of the society, being the most vulnerable lot.

These observations were made while hearing the regular bail plea of a woman accused of facilitating the victim's sexual exploitation. An FIR in the matter was registered on July 1, 2022, for kidnapping, rape and other offences registered under the provisions of the IPC and Sections 6 & 17 of POCSO Act, 2012.

As per victim's statement the petitioner along with co-accused gave her some intoxicant substance, changed her cloths and after taking money from the other co-accused, she had given the custody of the prosecutrix to them, who have taken her to Rajasthan, where some unknown persons committed rape 4 to 5 time at different places upon her in a single day by giving her intoxicant substances.

After hearing the submissions, the bench said that, "the POCSO Act represents the legislative intent to provide stringent protection to children from sexual offences, and the Courts, as guardians of justice, have a solemn duty to ensure that this legislative objective is not defeated by a liberal approach to bail in such serious cases."

It added that merely because the petitioner is behind the bars for a considerable time, is no ground by itself for grant of regular bail to the petitioner.

Justice Kumar highlighted that the facts of the present case are disturbing which indicate that this a case, where a minor girl of 15 years, belonging to a poor family has been raped by accused persons at the instance of a criminal conspiracy hatched by the present petitioner, who had enticed the victim by alluring her with money consideration in the shape of financial assistance by taking undue advantage of financial condition.

"This Court has no hesitation to say that the facts and circumstances of the present case also smells to have roots in the immoral child/human trafficking networks, which now-a days are actively prevalent in the weaker sections of the society," the Court said.

It also refused to consider the ground that the victim changed her stand in two different statement given under Section 164 CrPC.

"...it is an undisputed fact that the custody of the minor girl was handed over to her family only after recording of her first statement under Section 164 of Cr.P.C. on 02.07.2022, during which she was still in police custody, which connotes that at that point of time she was evidently in great mental trauma and not in a balanced state of affairs to record her statement."

Whereas in her subsequent statement recorded under Section 164 of Cr.P.C. on 08.07.2022 recorded after she re-united with her family and placed in comparatively secure environment, the judge said.

The Court pointed that in her second statement, she has narrated her entire ordeal of repeated sexual assault committed upon her by the accused persons detailing as to how she has been enticed by the present petitioner and facilitated her sexual exploitation by delivering her custody from one accused to another, where she kept weeping profusely to be allowed to return home but could not rescue herself being helpless and trapped.

Considering the object of POCSO Act and seriousness of offence, the Court refused to grant her any relief.

However, keeping in view the custody of the petitioner, the trial court was directed to conclude the trial expeditiously.

Mr. Bipin Ghai, Senior Advocate assisted by Mr. Nikhil Ghai, Mr. Akhil Godara and Ms. Malini Singh, Advocates for the petitioner.

Ms. Priyanka Sadar, A.A.G., Haryana.

Title: RXXX v. State of Haryana