Bombay HC

To expedite the trial to enable early repatriation of 25-year-old victim of immoral trafficking to Bangladesh, the Bombay High Court directed the trial court to frame charges in the case against available accused and observed that the victim continues to suffer due to the lapses by the authorities concerned.

The HC on March 11 was hearing a plea by NGO Rescue Foundation, which is taking care of the victim of 2024 case under Immoral Traffic (Prevention) Act, Protection of Children From Sexual Offences (POCSO) Act.

After receiving confidential information,MumbaiPolice had conducted raid at a certain premises where the victim was found engaged in prostitution.

Advocate Ashley Cusher for the petitioner NGO argued that the victim was lured by a woman in Bangladesh, on the pretext of getting employment in India at a beauty parlour for considerable remuneration.

He added that she accepted the offer “being in dire financial need for repayment of money borrowed by her husband”.

She travelled to India without any documents, with an assistance of an agent, who helped her crossing the border of Bangladesh to enter into India.”
Cusher further claimed she cannot be indefinitely kept in shelter home while awaiting trial proceedings and required to be expeditiously repatriated similar to other victims to be with her six-year-old son presently in Bangladesh.

The NGO argued the victim had fallen ill and was admitted in a hospital and due to lack of independent source of livelihood, she continues to remain under the foundation’s care and protection and her treatment expenses are borne by the petitioner.

Advocate Cusher further submitted the permission for repatriation granted by central government had lapsed as the trial court did not frame charges or record her evidence expeditiously.

“It appears that the aspirations of the victim were shattered when she was forced into prostitution by the agent who helped her in illegally crossing the border of Bangladesh and entering in India,” a bench of Justices Ajey S Gadkari and Kamal R Khata noted.The prosecution informed HC of recording of her evidence scheduled on March 24.

“However, no satisfactory explanation is offered as to why the evidence of the victim has not been recorded from October 8, 2025 till date, despite the earlier Order of this Court,” the bench noted.

It added, “Prima facie, it appears to us that, it is due to the lapses and fault of the concerned entities, the victim continues to suffer despite being the victim of a serious offence.”
The HC directed the Registrar of the Sessions court to submit a detailed report by March 24 explaining why the victim’s evidence was not recorded expeditiously.

The bench ordered framing of charges against available accused within two days and steps to separate the absconding accused’s trial.

The HC ordered victim’s evidence recording by March 24 and posted the NGO’s plea hearing the next day.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai.

His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.

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