In a powerful judgment that underscores a grave societal ill, the Supreme Court of India has dismissed an appeal and upheld the conviction of a man and his wife for trafficking and sexually exploiting a minor girl. The bench, comprising Justices Manoj Misra and Joymalya Bagchi, termed the case a revelation of the "deeply disturbing reality" of child trafficking and commercial sexual exploitation in the country.
A Pattern of Organised Exploitation, Not an Isolated Case
The court firmly rejected the notion that such incidents are rare exceptions. Instead, the justices observed that these cases form part of a wider and entrenched pattern of organised exploitation. This network, they noted, continues to thrive despite existing legislative measures designed to prevent it.
"The instant case lays bare the deeply disturbing reality of child trafficking and commercial sexual exploitation in India, an offence that strikes at the very foundations of dignity, bodily integrity and the State’s constitutional promise of protection to every child against exploitation leading to moral and material abandonment," the court's order stated.
Case Background and Legal Proceedings
The case came to light after an NGO tipped off the complainant that minor girls were being held for sex work at a rented premises. Following a raid on the location, a minor survivor was rescued. Authorities also recovered a cell phone and cash from the wife of the accused.
The trial court found the couple guilty under multiple sections of the Indian Penal Code (IPC), including Sections 366A (procuration of minor girl) and 373 (buying minor for prostitution), read with relevant provisions of the Immoral Traffic (Prevention) Act (ITPA), 1956. The High Court later dismissed their appeal, leading them to approach the Supreme Court.
The apex court, in its ruling, affirmed that both the trial court and the High Court had correctly evaluated the evidence presented by the minor victim. It emphasized the necessity for sensitivity and latitude when assessing the testimony of minor victims of sex trafficking and prostitution.
Key Judicial Observations on Victim Testimony and Systemic Issues
The Supreme Court's order highlighted several critical factors that courts must consider in such sensitive cases:
- Socio-economic and cultural vulnerability of the minor, especially if she belongs to a marginalised or backward community.
- The complex, layered structure of organised crime networks involved in recruiting, transporting, harbouring, and exploiting minors.
- The traumatic process of recounting the experience for the victim, which can lead to secondary victimisation.
The court made a pivotal declaration: A minor victim of sex trafficking is not an accomplice. Her deposition should be treated with the same regard and credence as that of an injured witness. The bench ruled that if, upon nuanced appreciation, the victim's version appears credible and convincing, a conviction can be sustained based solely on her testimony.
In this instance, the court found the minor victim's account to be credible and sufficient to establish that the couple had procured her for sexual exploitation. The court also noted that the statutory requirements for search operations under Section 15(2) of the ITPA were substantially complied with, leaving no room to doubt the conviction on procedural grounds.
Consequently, the Supreme Court dismissed the appeal, upholding the sentences imposed on the man and his wife. This ruling reinforces the judiciary's stern stance against the scourge of child trafficking and serves as a directive for lower courts to handle such cases with the required empathy and rigor.
