GEETA KANCHA TAMANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This case involves trafficking in a child by the Applicant, who is stated to be a brothel owner/brothel keeper. She has been convicted, inter alia, under Section 6 of the Immoral Traffic (Prevention) Act, 1956 (the ITP Act) for detaining, inter alia, a minor in the brothel which she runs and for detaining her for use in commercial sex with persons.

(2.) The impugned judgment shows that in a raid conducted by the Police, a minor child, inter alia, has complained that she was detained and ill treated by the accused after being brought from her native place, Nanded, to the accused. She wanted to be rescued. Along with her several other girls had been rescued. These are children in need of care and protection under the Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) The prosecution case that is made out is of trafficking in children/child upon the rescue of several girls in the raid. The Applicant also claims to have two minor children, though that fac Is not substantiated. It is seen that a mother c f two minor children has been convicted c offence involving use of minor children, incapable of consenting, for the purpose of prostitution.