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Sessions Court Frames Additional Charge Of Trafficking In Gurgaon Domestic Worker Abuse Case
LIVELAW NEWS NETWORK
11 Jan 2022 2:00 PM GMT
In a case pertaining to abuse of a domestic worker in Haryana's Gurgaon, a Sessions Court has allowed an application filed by the victim, seeking framing of additional charge of Trafficking against the accused.The case had come to the limelight when a young female domestic worker was found unconscious by the Gurgaon Police in the home of her employers in 2015. The accused couple...
In a case pertaining to abuse of a domestic worker in Haryana's Gurgaon, a Sessions Court has allowed an application filed by the victim, seeking framing of additional charge of Trafficking against the accused.
The case had come to the limelight when a young female domestic worker was found unconscious by the Gurgaon Police in the home of her employers in 2015.
The accused couple were initially charged for wrongful confinement, unlawful compulsory labour, voluntarily causing hurt, criminal intimidation, cruelty to a juvenile, exploitation of juvenile and offences against members of SC/ST.
In 2019, the complainant through her counsel Adv Indira Unninayar had sought the framing of additional charges of Offences of Trafficking (Section 370, IPC) and Voluntarily causing hurt by dangerous weapons (Section 324, IPC).
Section 216 of the CrPC provides that a court may alter or add to any charge at any time before a judgement is pronounced.
The Trial Court partially allowed the application under Section 216 CrPC to the extent of adding Section 370 IPC against the accused. It recorded that:
"Since the applicant is a resident of Jharkhand and has been received by the accused from some company (domestic help agency). She was beaten by the accused, not given proper food and confined under lock and key, therefore prima facie offence under Section 370 IPC is made out against the accused, therefore, charge need to be amended in this regard."
If the accused are found guilty of the charge of Trafficking, the punishment will be imposed for a term not less than ten years which may extend to life imprisonment plus fine since the complainant was a minor.
However, the Court was of the opinion that there is no sufficient evidence to charge sheet the accused under Section 324 IPC as no injury has been caused to the injured victim by dangerous weapon or means.
The case is now adjourned to January 18.
The order was passed by Justice Dr. D.N. Bhardwaj, Additional Sessions Judge, Sessions Court, Gurugram District Courts.
Case Title: State v. Sagar Jain & Anr.
