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The Uttarakhand High Court in its recent order rejected the bail application of 3 women who were accused of cheating people on the pretext of marriage and earned money by prostitution.
Justice Ravindra Maithani heard the bail application of 3 accused women who were booked under Sections 3709(4), 363, 366-A, 420, 120-B, 34 of the Indian Penal Code, Sections 16/17 of POCSP and Sections 3,4,5,7 and 9 of The Immoral Traffic ( Prevention) Act, 1956.
The matter before the Court-
Police conducted a raid on 14.07.2020 when they were informed that the applicants (Kanchan Mandal, Sonam Dubey, and Rajkumari) were earning money by prostitution. It was also alleged that they cheat people under the pretext of marriage.
The police sent a dummy customer with whom they entered into a deal and the customer gave the money to the applicants/accused. The Police raided the place and arrested all the applicants and rescued a 14 years old young girl who was to be handed over in marriage and the deal of Rs. 4 Lakhs was done.
The young girl told the police that firstly a woman named Pooja pushed her into prostitution and then the applicant/accused Rajkumari pushed her into the flesh trade for which she paid money to her parents. She also told that further applicants/accused Rajkumari and Kanchan Mandal both started her sending for prostitution and took money from the persons to whom they used to send her.
The young girl told her she never agreed to this but the applicants/ accused threatened her to do.
Advocate for the applicant Kanchan submitted before the court that she is a woman of age 50 and remains sick most of the time and this entitles her to bail.
Counsel on behalf of Sonam and Rajkumari submitted that the prosecution has not yet proved the motive of the applicants that why did they do such a thing.
What the Court Ordered-
The Court said,
“Intention holds no significance when the act committed is of serious nature. The matter here is when the information was received that a deal had been done with the applicants and they also took the money as well as the cheques. They were ready to supply a 14 years old young girl.”
The Court further observed,
“The young girl told a very pathetic story of how her childhood was snatched away by some greedy people. She was forcibly pushed into flesh trade by a woman named Pooja, and then by the applicant Rajkumari and again by the applicants Kanchan Mandal and Sonam.”
The Court also marked that the date of birth of the girl was 17.02.2007.
The Court said that the girl was only 13 when she was rescued and her mother told them they are so poor and the applicant Kanchan assured her that her daughter was working in an office. She was unaware of where her daughter was placed by the applicant.
The Court rejected the bail application and said that applicants are not eligible for bail.
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