XYZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel for the parties.

(2.) 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 (for short "the said Act") 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 Victim - XYZ. The Registry is directed to maintain the record accordingly.

(3.) This Writ Petition takes exception to the order dated 15/07/2019 passed by the Additional Sessions Judge, Greater Mumbai by which order Criminal Appeal No.488 of 2019 filed by the Petitioner against the order dated 05/04/2019 of the learned Metropolitan Magistrate, 54th Special Court for ITPA, Mazgaon, Mumbai came to be dismissed. By order dated 05/04/2019 the learned Magistrate directed that Victim No.2 XYZ be detained for a period of one year from the date of the said order and sent the Victim-XYZ to Jabala Institute, Kolkotta or any state run institution of West Bengal for a per period of one year for her care, protection, shelter and vocational training from the date of order (herein after referred to as "the Corrective Institution"). By the said order the learned Magistrate further directed the Superintendent of Navjeevan Mahila to take necessary steps for shifting of the victim XYZ to Kolkotta at the earliest in the escort provided by D B Marg Police Station.