Telangana High Court
Sri. V. Vikram vs The State Of Telangana on 21 January, 2025
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.72 of 2025
O R D E R:
This Criminal Petition is filed by the petitioner-
accused No.4 to quash the proceedings against him in
P.R.C.No.99 of 2022 pending on the file of the learned X
Additional Metropolitan Magistrate, Rangareddy District at
Kukatpally. The offences alleged against the petitioner are
under Sections 370(A)(2) of the Indian Penal Code (for short
‘IPC‘), 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act,
1956 (for short ‘the Act’).
02. Heard Sri S. Ram Reddy, learned counsel for
petitioner-accused No.4 and Sri Jithender Rao Veeramalla,
learned Additional Public Prosecutor for the State and
perused the record.
03. In brief, the case of the prosecution is that the
Police, Gachibowli Police Station received credible
information about running of brothel house and raided the
premises at Room Nos.206, 301, Sri Vinayaka Luxury
Rooms (OYO), Vinayaka Nagar, Gachibowli, Cyberabad and
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found that accused Nos.1 and 2 were organizing brothel
house and petitioner-accused No.4 is a customer of the said
brothel house.
04. Learned counsel for petitioner submitted that
the woman who was found with petitioner-accused No.4 is
not a trafficked woman and petitioner is nothing to do with
the alleged offences. The ingredients of the offence under
Sections 370(A)(2) of IPC, 3, 4, 5 and 6 of the Act does not
attract to the present case on hand. Thereby, he prayed to
quash the criminal proceedings against the petitioner.
05. Learned Additional Public Prosecutor for the
State submitted that there are specific allegations against
the petitioner and the truth or otherwise would come out
only after conducting full-fledged trial by the concerned
Court below and prayed to dismiss this Criminal Petition.
06. In view of the above facts and circumstances of
the case, it is relevant to extract the provision under Section
370 of IPC:
“370. Trafficking of a Person: (1)Whoever, for
the purpose of exploitation, (a) recruits, (b)
3transports, (c) harbours, (d) transfers, or (e)
receives, a person or persons, by-
Firstly– using threats, or
Secondly– using force, or any other form of
coercion, or
Thirdly– by abduction, or
Fourthly– by practising fraud, or deception, or
Fifthly– by abuse of power, or
Sixthly– by inducement, including the giving or
receiving of payments or benefits, in order to
achieve the consent of any person having control
over the person recruited, transported, harboured,
transferred or received, commits the offence of
trafficking.
Explanation 1– The expression “exploitation”
shall include any act of physical exploitation or
any form of sexual exploitation, slavery or
practices similar to slavery, servitude, or the
forced removal of organs.
Explanation 2– The consent of the victim is
immaterial in determination of the offence of
trafficking.
(2)Whoever commits the offence of trafficking shall
be punished with rigorous imprisonment for a
term which shall not be less than seven years, but
which may extend to ten years, and shall also be
liable to fine.
(3)Where the offence involves the trafficking of
more than one person, it shall be punishable with
rigorous imprisonment for a term which shall not
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be less than ten years but which may extend to
imprisonment for life, and shall also be liable to
fine.
(4)Where the offence involves the trafficking of a
minor, it shall be punishable with rigorous
imprisonment for a term which shall not be less
than ten years, but which may extend to
imprisonment for life, and shall also be liable to
fine.
(5)Where the offence involves the trafficking of
more than one minor, it shall be punishable with
rigorous imprisonment for a term which shall not
be less than fourteen years, but which may extend
to imprisonment for life, and shall also be liable to
fine.
(6)If a person is convicted of the offence of
trafficking of minor on more than one occasion,
then such person shall be punished with
imprisonment for life, which shall mean
imprisonment for the remainder of that person’s
natural life, and shall also be liable to fine.
(7)When a public servant or a police officer is
involved in the trafficking of any person then,
such public servant or police officer shall be
punished with imprisonment for life, which shall
mean imprisonment for the remainder of that
person’s natural life, and shall also be liable to
fine.”
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07. Section 370(A) of IPC reads as under:
Exploitation of a trafficked person:
(1)Whoever, knowingly or having reason to believe
that a minor has been trafficked, engages such
minor for sexual exploitation in any manner, shall
be punished with rigorous imprisonment for a
term which shall not be less than five years, but
which may extend to seven years, and shall also
be liable to fine.
(2)Whoever, knowingly by or having reason to
believe that a person has been trafficked, engages
such person for sexual exploitation in any
manner, shall be punished with rigorous
imprisonment for a term which shall not be less
than three years, but which may extend to five
years, and shall also be liable to fine.
08. As per Sections 370 and 370(A) of IPC, any
person by using threat or force or any form of coercion or
abduction by practicing fraud or deception or by abusing of
power or by inducing can only be termed as a ‘trafficked
person’. In the present case, even according to the
prosecution, LW5 and LW6-victims stated that they are
doing prostitution for the sake of money.
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09. Now coming to Sections 3, 4, 5 and 6 of the
Act, the provisions in detail are extracted below:
3. Punishment for keeping a brothel or
allowing premises to be used as a brothel.
(1)Any person who keeps or manages, or acts or
assists in the keeping or management of, a brothel
shall be punishable on first conviction with
rigorous imprisonment for a term of not less than
one year and not more than three years and also
with fine which may extend to two thousand
rupees and in the event of a second or subsequent
conviction, with rigorous imprisonment for a term
of not less than two years and not more than five
years and also with fine which may extend to two
thousand rupees.
(2)Any person who-
(a)being the tenant, lessee, occupier or person in
charge of any premises, uses, or knowingly allows
any other person to sue, such premises or any
part thereof as a brothel, or
(b)being the owner, lessor or landlord of any
premises or the agent of such owner, lessor or
landlord, lets the same or any part thereof with
the knowledge that the same or any part thereof is
intended to be used as a brothel, or is wilfully a
party to the use of such premises or any part
thereof as a brothel. Shall be punishable on first
conviction with imprisonment for a term which
may extend to two years and with fine which may
7extend to two thousand rupees and in the event of
a second or subsequent conviction, with rigorous
imprisonment for a term which may extend to five
years and also with fine.
(3)Notwithstanding anything contained in any
other law for the time being in force, on conviction
of any person referred to in clause (a) or clause (b)
of sub-section (2) of any offence under that sub-
section in respect of any premises or any part
thereof, any lease or agreement under which such
premises have been leased out or are held or
occupied at the time of the commission of the
offence, shall become void and inoperative with
effect from the date of the said conviction.
4. Punishment for living on the earnings of
prostitution.
(1)Any person over the age of eighteen years who
knowingly lives, wholly or in part, on the earnings
of the prostitution of a woman or girl shall be
punishable with imprisonment for a term which
may extend to two years, or with fine which may
extend to one thousand rupees, or with both.
(2)Where any person is proved-
(a)to be living with, or to be habitually in the
company of, a prostitute; or
(b)to have exercised control, direction or influence
over the movements of a prostitute in such a
manner as to show that such person is aiding,
abetting or compelling her prostitution; or
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(c)to be acting as a tout or pimp on behalf of a
prostitute, it shall be presumed, until the contrary
is proved, that such person is knowingly living on
the earnings of prostitution of another person
within the meaning of sub-section (1):Provided
that no such presumption shall be drawn in the
case of a son or daughter of a prostitute, if the son
or daughter is below the age of eighteen years.
5. Procuring, inducing or taking woman or girl
for the sake of prostitution.
(1)Any person who-
(a)procures or attempts to procure a woman or
girl, whether with or without her consent, for the
purpose of prostitution; or
(b)induces a woman or girl to go from any place,
with the intent that she may for the purpose of
prostitution become the inmate of, or frequent, a
brothel; or
(c)takes or attempts to take a woman or girl, or
causes a woman or girl to be taken, from one place
to another with a view to her carrying on, or being
brought up to carry on prostitution; or
(d)causes or induces a woman or girl to carry on
prostitution;shall be punishable on first conviction
with rigorous imprisonment for a term of not less
than one year and not more than two years and
also with fine which may extend to two thousand
rupees.
(2)In the event of a second or subsequent
conviction of an offence under this section a
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person shall be punishable with rigorous
imprisonment for a term of not less than two years
and not more than five years and also with fine
which may extend to two thousand rupees.
(3)An offence under this section shall be triable-
(a)in the place from which a woman or girl is
procured, induced to go, taken or caused to be
taken or from which an attempt to procure or take
such woman or girl is made; or
(b)in the place to which she may have gone as a
result of the inducement or to which she is taken
or caused to be taken or an attempt to take her is
made.
6.Detaining a woman or girl in premises
where prostitution is carried on.
(1)Any person who detains any woman or girl,
whether with or without her consent,-
(a)in any brothel, or
(b)in or upon any premises with intent that she
may have sexual intercourse with any man other
than her lawful husband, shall be punishable on
first conviction with rigorous imprisonment for a
term of not less than one year and not more than
two years and also with fine which may extend to
two thousand rupees.
(2)On a second or subsequent conviction for an
offence under this section a person shall be
punishable with rigorous imprisonment for a term
of not less than two years and not more than five
10
years and also with fine which may extend to two
thousand rupees.
(3)A person shall be presumed to detain a woman
or girl in a brothel or in or upon any premises for
the purpose of sexual inter-course with a man
other than her lawful husband, if such person,
with intent to compel or induce her to remain
there,-
(a)withholds from her any jewellery, wearing
apparel, money or other property belonging to her,
or
(b)threatens her with legal proceedings if she takes
away with her any jewellery, wearing apparel,
money or other property lent or supplied to her by
or by the direction of such person.
(4)Notwithstanding any law to the contrary, no
suit, prosecution or other legal proceeding shall lie
against such woman or girl at the instance of the
person by whom she has been detained, for the
recovery of any jewellery, wearing apparel or other
property alleged to have been lent or supplied to or
for such woman or girl or to have been pledged by
such woman or girl or for the recovery of any
money alleged to be payable by such woman or
girl.
10. The Sections 3, 4, 5 and 6 of the Act deals with
regard to punishment for keeping a brothel or allowing
premises to be used as a brothel, punishment for living on
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the earnings of prostitution; punishment for procuring,
inducing or taking woman or girl for the sake of
prostitution; punishment for detaining a woman or girl in
premises where prostitution is carried on. There are no
allegations against the petitioner that he is running brothel,
or he is living on the earnings of prostitution, or he
procured girl for doing prostitution, or he detained the
victim in the premises where prostitution is carried on. In
the present case on hand, as per the case of prosecution,
the sole allegation against petitioner-accused No.4 is that he
is a customer. Therefore, the allegation against the
petitioner does not constitute the offences under Sections 3,
11. As seen from the entire case record, the victims
joined brothel house and given their willingness to do sex
with the customers. Furthermore, at the stage of filing of
the FIR or during the course of investigation or through the
averments of the charge sheet, the Police could not putforth
any material to substantiate that petitioner had knowledge
and/or the reason to believe that the woman was trafficked
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for the purpose of prostitution. Therefore, the ingredients
required for constituting the offence under Section 370(A)(2)
of IPC are not made out against the petitioner.
12. In view of the above discussion and having
considered the fact that the petitioner-accused No.4 had no
knowledge that the woman was trafficked for the purpose of
prostitution, this Court is of the considered view that the
continuation of the proceedings against the petitioner-
accused No.4 amounts to abuse of process of law, therefore,
the proceedings against the petitioner-accused No.4 are
liable to be quashed.
13. Accordingly, this Criminal Petition is allowed
and the proceedings against the petitioner-accused No.4 in
P.R.C.No.99 of 2022 pending on the file of the learned X
Additional Metropolitan Magistrate, Rangareddy District at
Kukatpally, are hereby quashed.
As a sequel, pending miscellaneous applications, if
any, shall stand closed.
______________________
JUVVADI SRIDEVI, J
Date: 21-JAN-2025
KHRM