Daughters Are Family's Honor; People Who Force Them Into Sex-Trade Not Entitled To Any Sympathy: Allahabad HC Denies Bail

Emphasizing that the daughters are the pride and honor of the family in a civilized society, the Allahabad High Court recently denied bail to a man who forcibly indulged minor victim in prostitution and also committed rape upon them.The Bench of Justice Sanjay Kumar Singh opined that people who are involved in immoral trafficking activities also cause a deleterious effect on the society as a whole and that they are hazardous to the civilized society at large. Therefore, the Court added, in order to control and eradicate this proliferating and booming devastating menace, such persons are not entitled to any sympathy in the criminal justice delivery system. Facts in brief As per the prosecution's case, the bail applicant/accused was caught by the police from the guest house along with other co-accused of this case. Several minor girls/victims were also recovered at that time from the guest room and as per the statements of the victims, all the accused persons in collusion with each other were deeply involved with their different role in getting the prostitution done in the guest house. They also made specific allegations of immoral activities against all the 7 accused persons of this case. A victim in her second statement under Section 161 Cr.P.C. also leveled allegation of making forceful sexual intercourse/rape on her against the applicant along with other co-accused. 3 other victim girls also clearly stated that co-accused Dayal, Sumit, Akash (applicant) and Rizwan, compelled them for prostitution by extending threat. Apart from this, all the recovered girls/victims stated that they were detained in the said premises for the purpose of prostitution and they have been sexually exploited by the accused persons for commercial purposes. Lastly, it was alleged that the applicant was having knowledge about immoral traffic activities/prostitution and was deliberately engaged in facilitating the sex trade in public place. Court's observations At the outset, the Court noted that Immoral trafficking activities are a very complex and multidimensional phenomenon and that the recovery of innocent victims is a long, painstaking, and dexterous process, hence it requires a multidisciplinary approach. Further, underscoring that Prostitution has connotations of criminality and immorality, the Court observed thus: "Human trafficking and immoral activities are an organized crime and are done adopting different modus-operandi by a group of persons with their different role extending full cooperation to each other for illegal pecuniary benefits. Hotel and restaurant workers are paid additional amount in such matters for keeping mum and facilitating sex trade." Observing that such incidents are being increased day by day, the Court opined that people who are enmeshing the innocent girls into prostitution/sex trade for their pecuniary gain, instead of empowering them not only ruin whole life of the victims, but also take away the happiness of victim's family. Further, taking note of the plight of the victim girls who are forced into prostitution, the Court noted thus" "Though there are various factors behind the increasing trend of immoral activities, but in majority cases, the innocent girls/victims got involved in sex trade/prostitution fraudulently against their wishes creating an atmosphere of terror by the antisocial elements and on account of their high connections, influences, money and muscle power, generally, common men do not dare to raise voice against them. The daughters are pride and honor of the family in a civilized society. The sudden disappearance of girls and their remaining untraced for a long period of time causes pain and trauma to their families throughout." Lastly, the Court said that people who are involved in immoral trafficking activities also cause a deleterious effect on the society as a whole and that they are hazardous to the civilized society at large. Therefore, the Court added, in order to control and eradicate this proliferating and booming devastating menace, such persons are not entitled for any sympathy in the criminal justice delivery system. Accordingly, the bail application was rejected. Case title - Akash v. State of U.P Click Here To Download OrderRead Order

Daughters Are Family's Honor; People Who Force Them Into Sex-Trade Not Entitled To Any Sympathy: Allahabad HC Denies Bail

Sparsh Upadhyay

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