BABITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent of the parties.

(2.) The petitioner questions the order dated 26/11/2010 and 18/01/2011 passed by the learned Judicial Magistrate in Crime no.4280 of 2010, under Section 3, 4,5,and 7 of the Immoral Traffic (Prevention ) Act, 1956 ( PITA in short ) and the order dated 14/02/2011 passed by the learned Sessions Judge, Nagpur in Criminal Appeal No. 32 of 2011 under section 17 (6) of PITA dismissing the Appeal.

(3.) The Lakadganj Police Station, Nagpur raided the infamous Red light area known as 'Ganga Jamuna' and rescued some girls from the alleged brothel on 25/11/2010. They were treated as victims and produced before the learned Judicial Magistrate, Court no 3, Nagpur, who directed the Investigating Officer to produce rescued victims under PITA before Child Welfare Board and to conduct their medical examination through Medical Officer by 08/12/2010 for carrying out age determination, and to determine whether they were suffering from any sexually transmitted diseases. The learned Magistrate rejected the Application by the petitionerBabita seeking custody of the minor victims Kumari Sonam Vikram Kalkhor and Kumari Heena Vikram Kalkhor, on the ground that they are minors aged respectively 15 and 16 years old and their rehabilitation is necessary through care and custody of the Child Welfare Board. Learned Sessions Judge who heard the parties in Appeal, on facts, considered the application for the custody by mother of the rescued minor victims from the Red light area and the likelihood that they may thrown into same abominable flesh trade by their relatives. The fact is that the minor girls were given into the custody of the Child Welfare Committee. They have been treated as minor victims. They were considered as 'child in need of care and protection' within the meaning of the Juvenile Justice Act and sent to Child Welfare Committee. They were not Juvenile in conflict with law and therefore were not sent to Juvenile Justice Board. The order of sending the rescued girls to Karuna Vasati Griha, Nagpur (a Government institution) was within the purview of Section 17 (3) of PITA. Further procedure under the Juvenile Justice Act was contemplated. The petitioner had not claimed the custody before the girls were produced before the learned Magistrate and found to be minors and treated as child in need of care and protection . The minor girls rescued under the PITA are required to be taken utmost care as they are likely to be driven to the same environment of redlight area and there is high risk that may be induced or coerced into unlawful sexual activity or flesh trade. Once the Magistrate had sent the girls to the Child Welfare Committee, his jurisdiction ended and further procedure under the Juvenile Justice Act comes into play. Thus, the petitioner is at liberty to approach the Child Welfare Committee who can take into consideration the request by the petitioner to release the victim minor girls.