Thane, Apr 23 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.
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.
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.
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.
