Case Note & Summary
The Bombay High Court allowed a criminal writ petition filed by Ruma Mohirhusen Shaikh and XYZ (the victim) challenging orders rejecting custody of the victim to her sister. The victim was one of four girls from Bangladesh rescued from a brothel in Sangli and sent to Bhagini Nivedita Protection Home. The petitioners sought custody of the victim, but the Judicial Magistrate First Class and the District Judge rejected the application. The High Court, emphasizing the welfare of the victim as paramount, noted that the victim was 19 years old and had expressed willingness to stay with her sister. The court held that custody to a family member is preferred over a protective home and allowed the petition, directing the victim's release to her sister's custody subject to conditions.
Headnote
A) Criminal Law - Immoral Traffic - Custody of Victim - Sections 3,4,5,6 of Immoral Traffic (Prevention) Act, 1956 - The court considered whether the victim should be released in the custody of her sister or remain in a protective home - The court held that the welfare of the victim is paramount and that custody to a family member is preferred over a protective home, considering the victim's age and wishes (Paras 1-9).
Issue of Consideration
Whether the victim of an offence under the Immoral Traffic (Prevention) Act, 1956 should be released in the custody of her sister or remain in a protective home
Final Decision
Petition allowed; victim XYZ to be released in custody of petitioner No.1 (sister) subject to conditions including furnishing surety and reporting to police
Law Points
- Welfare of victim is paramount
- custody to family member preferred over protective home
- victim's consent relevant but not determinative
- court must consider victim's age and wishes
Case Details
2019 LawText (BOM) (07) 123
Criminal Writ Petition No. 2452 of 2019
Ms. Rati Sinhasane i/b Mr. Umesh R. Mankapure for Petitioners, Mr. A.R. Patil APP for Respondent No.1-State
Ruma Mohirhusen Shaikh and XYZ
The State of Maharashtra and Lata Rajendra Gavade
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition challenging orders rejecting custody of victim to her sister
Remedy Sought
Petitioners sought custody of victim XYZ from protective home
Filing Reason
Victim was rescued from prostitution and sent to protective home; sister sought custody
Previous Decisions
Judicial Magistrate First Class, Sangli rejected custody application on 02.02.2019; District Judge-4, Sangli dismissed appeal on 25.03.2019
Issues
Whether the victim should be released in the custody of her sister or remain in a protective home
Submissions/Arguments
Petitioners argued that victim is 19 years old and willing to stay with sister; State opposed custody citing ongoing investigation
Ratio Decidendi
The welfare of the victim is paramount; custody to a family member is preferred over a protective home, considering the victim's age and wishes.
Judgment Excerpts
At the outset it is required to be noted that since the crime registered by the Police is under the Immoral Traffic (Prevention) Act, 1956 so also under the Indian Penal Code and Victim is alleged to have been compelled to involve herself in prostitution, the identity of the victim needs to be concealed, and hence she is referred to as Petitioner No.2 - XYZ.
Procedural History
FIR registered under IPC and ITP Act; victim sent to protective home; custody application filed before JMFC rejected on 02.02.2019; appeal before District Judge dismissed on 25.03.2019; present writ petition filed in High Court.
Acts & Sections
- Immoral Traffic (Prevention) Act, 1956: 3, 4, 5, 6
- Indian Penal Code, 1860: 370, 34
