A Thane court has acquitted a 36-year-old woman accused of human trafficking, holding that the prosecution failed to prove its case beyond reasonable doubt after key witnesses, including the alleged victims and a decoy customer, were not examined during the trial.
Additional Sessions Judge R.S. Bhakare, in an order passed on Wednesday, acquitted Karuna alias Gudiya Hemant Biswas, a resident of Shil Daighar in Thane district, observing that crucial parts of the prosecution's case were based on hearsay rather than direct evidence.
Court cites absence of key witnesses
According to the prosecution, the Anti-Human Trafficking Cell of the Thane Police conducted a raid at Shiva Lodging and Boarding in Kalyan on August 26, 2019, after deploying a decoy customer.
Police claimed they found the accused in a room along with two women and recovered marked currency notes worth Rs 4,500 during the operation.
However, the court noted that neither the two alleged victims nor the decoy customer appeared before the court to testify during the trial.
The judge observed that despite repeated attempts, the prosecution failed to secure their presence.
Prosecution evidence termed 'hearsay'
The court said the prosecution's inability to examine the alleged victims significantly weakened its case.
"The witness summons had been sent to them, but the prosecution could not secure their presence. Several times the summons sent to the victims returned unserved. As the victims have not been examined, whatever they have disclosed before the prosecution witnesses is hearsay in nature. It is a weak piece of evidence," the court observed.
The judge further noted that the decoy customer, who could have provided direct evidence regarding the alleged offence, was also not examined.
According to the court, his testimony would have been crucial to establish the prosecution's version of events.
Essential ingredients of offence not established
The court observed that under the provisions of the Immoral Traffic (Prevention) Act, the prosecution is required to establish elements such as active inducement, control over victims or living on the earnings of prostitution.
It held that these essential ingredients could not be proved in the absence of testimony from the primary witnesses.
Without direct evidence from the alleged victims or the decoy customer, the prosecution failed to substantiate the allegations against the accused, the court said.
Panch witness found unreliable
The court also questioned the reliability of one of the prosecution's panch witnesses.
During cross-examination, the witness admitted that he had signed both the pre-raid and post-raid panchanamas at the police station instead of at the scene of the alleged raid.
The court held that this admission undermined the credibility of his testimony and reduced its evidentiary value.
Accused acquitted for lack of evidence
After examining the evidence presented during the trial, the court concluded that the prosecution had failed to establish the charges beyond reasonable doubt.
Holding that the evidence on record was insufficient to secure a conviction, Additional Sessions Judge R.S. Bhakare acquitted Karuna alias Gudiya Hemant Biswas of all charges in the human trafficking case.
(With inputs from PTI)
* This article was originally published here
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