Thane court acquits five men in human trafficking case, cites gaps in prosecution evidence

Thane court acquits five men in human trafficking case, cites gaps in prosecution evidence

Thane, 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.

Thane court acquits five men in human trafficking case, cites gaps in prosecution evidence

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.

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.

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.

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 of the Indian Penal Code and the Immoral Traffic Act.

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