PANKAJ Vs. STATE (GOVT OF NCT OF DELHI)

JUDGEMENT

(1.) The applicants have preferred these applications seeking grant of regular bail in FIR No. 160/2022, registered at Police Station Chanakyapuri, Delhi for commission of offence under Ss. 323/365/370/384/506/109/120B/174 of the Indian Penal Code, 1860 [hereafter 'IPC'] and Ss. 3/4/5 of the Immoral Traffic (Prevention) Act, 1956 [hereafter 'ITP Act'].

(2.) The facts, as revealed from the record and which led to the registration of the present FIR against the applicants, are that a complaint, accompanied by a letter from the Secretary of 'Delhi for Empowering Humanity' (the complainant), was received at P.S. Chanakyapuri, Delhi. It was alleged that seven victims, all citizens of Uzbekistan, had been trafficked and forced into prostitution in India by the present applicants/accused. It was further alleged that some of the victims were brought to Delhi via Nepal, while others came directly to India on tourist or medical visas on multiple occasions. Those brought via Nepal allegedly had their passports and travel documents confiscated in Nepal itself, before being brought to Delhi. Similarly, the women who entered India on medical visas had their passports taken away by the traffickers upon arrival. The victims claimed they were lured to India on the pretext of being offered legitimate jobs, but were instead coerced into prostitution and subjected to sexual slavery. On resisting, they were threatened with arrest, as they were told they were residing illegally without valid visas. The victims were allegedly sold to different individuals during their stay in Delhi and repeatedly exploited in sex rackets. Eventually, they had managed to escape and reached the gate of the Uzbekistan Embassy. It is further alleged that two accused persons, Aziza Sher and her husband had arrived at the Embassy gate and kidnapped one of the women at gunpoint. However, after being contacted over the phone, the kidnapped woman was released by the traffickers. Thereafter, the Uzbekistan Embassy handed over all seven victims to the NGO, with an independent journalist and social activist Mr. Hemant Sharma. Based on this complaint, the present FIR was registered against the accused persons.

(3.) During investigation, all the seven victims were medically examined and their statements under Sec. 161 and 164 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'] were recorded.