'Why Was Evidence Of Bangladeshi Trafficking Victim Not Recorded?' Bombay HC Seeks Explanation From Trial Court Over Repatriation Of Woman
The Bombay High Court recently sought an explanation from the Mumbai Sessions Court as to why, despite a clear order to record the statements of a Bangladeshi woman, a victim of immoral trafficking, was not recorded till date as she has to be repatriated to her country and is presently being looked after by an NGO in India.
A division bench of Justice Ajay Gadkari and Justice Kamal Khata therefore, ordered the Sessions Court to record the victim's statement and evidence by March 24 so that she can then sent back to Bangladesh again.
During the hearing on March 11, advocate Ashley Cusher appearing for the NGO Rescue Foundation, informed the bench that the woman in the present plea was in a dire financial problem due to a loan taken by her husband, was promised of a job in a parlour in India in return of a handsome remuneration. She accepted the job offer and travelled to India without any documents, with the assistance of an agent who helped her crossing the border of Bangladesh to enter into India. She along with six other girls were rescued by the police.
"Of the six girls, two were Bangladeshi - one present victim and the other was a minor, who is already sent back by the CWC. The other five girls too have been sent back to their homes. However, the present victim is still confined for 'success of the trial' which cannot be justified at all," Cusher said.
The bench after hearing Cusher, noted,"It appears that the aspirations of the victim were shattered when she was forced into prostitution by the agent who helped her in illegally crossing the border of Bangladesh and entering in India. Presently, the said victim is lodged in the shelter of the Petitioner Foundation, which is taking care of her."
The judges further noted that by an order passed on October 8, 2025, a coordinate bench had ordered the Sessions Court to record the victim's evidence at the earliest.
However, when the matter was heard on March 11, the bench was informed that the Sessions Court has listed the trial on March 24 for recording the victim's evidence.
"However, no satisfactory explanation is offered as to why the evidence of the victim has not been recorded from October 8, 2025 till date, despite the earlier Order of this Court. We therefore direct the Registrar, Sessions Court, Greater Mumbai, to submit its detailed report to this Court explaining why the evidence of the victim in a case involving offences under Section 370-A of IPC read with Sections 16, 17 and 18 of the POCSO Act, 2012 has not been recorded expeditiously. The said report be submitted to this Court on or before March 24, 2026," the judges ordered.
During the hearing, the judges were informed that the victim has fallen ill and is presently taking medical treatment in a civic-run Shatabdi Hospital in Kandivali, Mumbai. Cusher further informed that the woman has no independent source of livelihood and continues to remain under the care and protection of the Petitioner Foundation, which is also bearing medical expenses for the treatment of the victim.
"As a matter of fact, the repatriation permission had earlier been granted by the Union of India, however the trial Court did not frame charges or record the evidence of the victim expeditiously, and therefore the said permission has lapsed," Cusher submitted.
Taking note of the submissions, the bench recorded, "Prima facie, it appears to us that, it is due to the lapses and fault of the concerned entities, the victim continues to suffer despite being the victim of a serious offence."
In view of this, the bench directed the Sessions Court to frame charges in the case by March 13, 2026 while clarifying that the trial court has to take 'necessary steps' to separate trial for the absconding accused and proceed to frame charges against the arrested accused in the present case.
"We further direct the learned trial Judge to comply with the Order dated October 8, 2025 passed by this Court i.e. recording of evidence of victim, by March 24, 2026, so as to facilitate her repatriation to her country of origin i.e. Bangladesh. The Registrar, Sessions Court, Greater Mumbai, shall submit its detailed report through proper channel to this Court on or before March 24, 2026," the judges ordered, while adjourning the matter for further hearing till March 25.
Appearance:
Advocate Ashley Cusher appeared for Petitioner.
Additional Public Prosecutor Ajay Patil represented the State.
Advocates Yashashree Raut and Manisha Jagtap represented Union of India.
Case Title: Rescue Foundation vs Union of India (Writ Petition 3414 of 2025)