Of High Court · 2025

THE HON'BLE SRI JUSTICE K.SURENDER I CRIMINAL APPEAL No. 532 OF 2013 JUDGMENT' ii This appeal is filed by the appellants/Al to A8, questioning the Conviction recorded by the IV Additional Sessions Judge (FTC), FAC:III Addl.sessions Judge (FTC), Khammam, in S.C.No.582 of 2Ol2 dated 28.06.2013, for the offences under Sections 372 and 373 of the Indian Penal Code and sentence to undergo Rigorous 1l ,i Imprisonment for ten years and to pay a fine of Rs. 1,000/- for the offence under Si:ction 372 of IPC; to undergo rigorous imprisonment and ito pay a fine of Rs.1,0OO/- for the offence under Section 37 of IPC. Both the sentences shall run L I concurrently

2. The appellants 1, 3, and 4 died during the pendency of the appeal, as such, th'i appeal stands abated against A1, A3, and A4. The appeal i. t.^Ja insofar as appellants 2, 5, 6,7, and 8/ A2, A5, 46, A7, and A8 are concerned

3. The case of the prosecution is that a minor girl, under the ' age of 18 years, was abducted and forced to earn money through prostitution. According to the prosecution case, the appellants A2, 2 A5, ,{6, A7, and A8, along with other appellants, forced PW.2 into prostitution and earned money t,

4. PW. 1, who is the mother of PW.2-victim, lodged a complaint alleging that the victim girl was kidnapped, and she suspected one K.Lingamma, w/o.Venkateswarlu (not an accused) of abducting her daughter. PW.'1O-Investigating Officer, having received the II complaint, investigated the case.

5. The victim-PW.2 was traced and taken to the police station. Thereafter, the appellants were arrested. A charge sheet was filed for the offences under Sections 376(9), 366(A), 372,373 of IpC, and Sections 3, 4, i5, 6, and 7 of the Immoral Traffic (preventive) Act, 1956.

6. PW.l is the complainant and the mother of the victim who turned hostile. PW.2-victim girl turned hostile. pWs.3, 4, 5, 6, and 7 ll,ave all turned,hostile. PW.8 is the VRO before whom the confessions of A5, A7, and A1 were recorded.

7. The Learned Sessions Judge acquitted the appellants for the offence under Sections 366(A) of IpC, and Sections 3,4, S, and 6 of the Immoral Traffic (Preventive) Act, 1956. 3

8. Sections 372 and 373 of the Indian penal Code read.as follows i1 " 372. Selling minor for purposes of prostitution, etc.- Whoeuer se1/g lets to hire, or otheru-tise disposes of any 2[person under the age of eighteen gears with intent that such person shall at any age be emploAed or used. for the purpose of prostitution or illicit intercourse uith anA person or for any unlawful and immoral purpose, or knowing it to be likely that such person uill at ang age bel emploged or used for any such purpose, shall be punished u.tith impisonment of either desciption fo.r a tertn which mag ertend to ten years, and shall also be liable to fine. I 3[Explanation l.-When a female under the age of eighteen gears is sold, let for hire, or othenaise disposed of to a prostitute or to ang person who keeps or manages brothel, the person so disposing of such female shall, until the contrarg is proued, be presumed_ to haue dispbsed of her tDith the intent that she shall be usedfor the purpose of prostitution. ,a I Explanation II.-For the purposes of this section ,,illicit intercourse' means sexual intercourse bettueen persoii not united bg marriage or bg any union or tie tuhich, though not amounting to a marriage, is recognised bg the personal law or custom of the communitg to uhich tlrcg belong or, u.there they belong 4 to di"fferent communities, of both such communities, as constituting betuteen them a quast_ marital relation.l,, " 373. Buging minor for purposes of prostitution, etc._ Wltoeuer bugs, hires or othentise obtai.ns possession of ang 4[person under the age of eighteen years u.tith intent that such person shall at anA age be employed. or used for the purpose of prostitution or illicit intercourse u_tith any person or for ang unlawful and, immoral purpose, or knowing it to be likelg that such person u.till at anA age bel emptoged- or used for any such purpose, sha[ be punished tuith imprisonment of either d.esciption for a term uhich may extend to ten gears, and shall also be liabte to fine. S[Explanation I.-Any prostitute or anA person keeping or managing. a brothel, who buys, hires or othent_tise obtains possesslon of a female und.er the age of eighteen gears shall, until the contrary is proued, be presumed to haue obtained possesslon of such fernale tuith the intent that she shall be used_ for the purpose of prostttution. ".

9. To attract the offence under Secti ons 372 and 373, the person should have sold or purchased a minor for the purpose of prostitution

10. Since there is no evidence from any quarter to suggest that PW.2 was sold or purchased lor the purpose of prostitution, the 7 question of convicting the appellants under Sections 372 and, 323 does not arise. There is absolutely no evidence whatsoever to t, sustain the conviction.

11. Accordingly, Criminal Appeal is allowed, and the appellants 6,7, and 8l A2, A5, 46, A7, and AB are acquitted. The i, 5 2 conviction recorded by the IV Additional Sessions Judge (FTC), FAC:lll Addl.Sessions Judge (FTC), Khammam, in S.C.No.5B2 of 2Ol2 dated 28.06.2013 is set aside. Since the appellants 2, S, 6, 7, and 8/ A2, A5,iA6, A7, and A8, are on bail, their bail bonds shall stand discharged. SD/.K.SRINIVASA RAO JOINT REGISTRAR I //TRUE COPYII To, CTION OFFICER 'I . The ll Additional District and Sessions Judge, (FTC), Khammam (with records if any)

2. The ll Additronal Judicial Magistrate of First Class, Khammam 3. The Superintendent, Central Prison, Warangal. 4. The Station House Officer, Khammam Rural police Station, Khammam District.

5. One CC to Sri K. Vasanth Rao, Advocate [OPUC] 6. Two CD Copies Plp/PSL() -Tbo ccA -io-thep*lf. -idar^6"vrr^ 6oor; W foaeg{o\^/ t{?6+, oovJ-.po\,+}.c sL{" oC_ HIGH COURT DATED:2810312025 JUDGMENT CRLA.No.532 ot 2013 aHE S TAT€ oA s Ain 2[25 , z, oF aca rCl-i () -i" 4 t ALLOWING THE CRIMINAL APPEAL. \o .rtquL