RAJU SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dated July, 22, 2021 passed by the learned Additional Sessions Judge, Dinhata, Cooch Behar, being the Special Court in POCSO Case No.18 of 2021 arising out of Dinhata Police Station Case No.369 of 2021 dated July, 17, 2021 under Ss. 366A, 370, 370A, 372, 373 read with Sec. 120B of the Penal Code and Ss. 4, 6 and 17 of the Protection of Children from Sexual Offences (POCSO) Act and Ss. 3, 4, 5, 6, 7 and 9 of the Immoral Traffic (Prevention) Act.

(2.) Learned Counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents of the victim girl. The victim girl was recovered from a brothel where immoral activities were taking place involving minor girls. The petitioners being the parents of the victim girl made an application before the learned Special Court for release of the victim girl. By an order dtd. 22/7/2021, the said prayer was turned down. The learned Special Judge erred in taking into consideration only the statement of the victim girl purportedly recorded under Sec. 161 of the Code of Civil Procedure. The learned Special Judge did not consider the other materials while deciding the issue of release of the minor girl in favour of the parents.

(3.) Learned Counsel for the State produces the case diary and submits as follows. From the statement of the eleven years old minor girl, it is clear that it was her parents who had sent her to work at the place where prostitution was run. There she witnessed that minor girls were engaged in prostitution. She did not want to work there.