Human Trafficking Case: Thane Court Acquits Five Accused

A Thane court acquitted five men accused of human trafficking, citing critical failures in the prosecution's case, including the non-examination of key witnesses and victims.

Photograph: ANI Photo

Key Points

Thane court acquits five men accused of human trafficking due to a weak prosecution case.
Key witnesses, including the victims and the police officer who laid the trap, were not examined.
The court highlighted significant failures in the police investigation and prosecution's presentation of evidence.
The prosecution relied heavily on a 'bogus customer' whose testimony was deemed unreliable.
The court emphasised that it cannot fill gaps in a weak prosecution, even in cases of serious social menace like human trafficking.

A Thane court has acquitted five men charged with human trafficking and running a flesh trade, citing a "grave and fatal lacuna" in the prosecution's case, including the non-examination of key witnesses and the victims.

While acknowledging the social menace of human trafficking, Additional Sessions Judge Vasudha L Bhosale, in the order on April 21, emphasised that the court cannot fill gaps in a weak prosecution.

Failures in Police Investigation

The case originated from a police raid conducted on December 29, 2020, at a hotel in the Mira Road area of Maharashtra's Thane district, where two women - one from Bangladesh and another from West Bengal - were rescued from commercial sexual exploitation.

The court, however, highlighted significant failures in the police investigation and the prosecution's presentation.

Critical Witness Not Examined

The non-examination of a police officer, who laid the trap to apprehend the accused is the most critical witness, is a "grave and fatal lacuna" in the prosecution's case, the judge observed.

Victim Testimony Crucial

In a case of trafficking, the testimony of the victims is of cardinal importance. Their non-examination deprives the prosecution of the most direct and natural evidence available, the court said.

Unreliable Witness Testimony

The prosecution's case relied heavily on a "bogus customer", who turned hostile, testifying that he never participated in a raid or signed any panchanama as a willing witness.

"The prosecution case rests on the testimony of the complainant police officer and a repeated police panch...Such a witness occupies a peculiar position: he is neither an independent panch, nor an independent customer. His deposition requires the strictest scrutiny," the court observed.

It also pointed out that the hotel owners were not charge-sheeted, leaving only lower-level employees to face trial.

The inadequacy of the evidence in the present case is not a mere technical deficiency, it collectively renders the prosecution's case insufficient to sustain a conviction. The accused are entitled to the benefit of doubt, the court said.

It ordered the immediate discharge of bail bonds of the accused -- Vijay Balkrushna Kadam, Vijay Dwarka Yadav, Vijay Khushiyal Saw, Shambhu Siddheshwar Saw and Satish Mahabala Shetty -- acquitting them of all charges under Section 370(3) (human trafficking) of the Indian Penal Code and the Immoral Traffic (Prevention) Act.

Cases of human trafficking often involve complex investigations and sensitive victim support. In India, the Immoral Traffic (Prevention) Act aims to combat commercial sexual exploitation. The acquittal highlights the importance of thorough evidence gathering and witness examination in prosecuting such cases.

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