A special court acquitted three accused for allegedly carrying out commercial sexual activities in a spa and salon. It said, “Effecting a raid, finding money and girls from the spot isn’t enough to prove exploitation for sex.”
On February 14, 2014, an assistant sub-inspector of Social Service branch Lavkumar Shitole and two others were informed that prostitution was on at a spa inBandra East.
A bogus customer was called in and given ₹1,500 after which police raided the spot. Five used condoms and four girls were found in cabins while some money was at the counter. The customer demanded a girl for prostitution from those running the salon, and five girls were shown to him and ₹2,500 was paid.
A first information report was registered under Section 370 (trafficking of persons) and Section 34 (acts done with common intention) of the Indian Penal Code and Section 3 (punishment for keeping a brothel or allowing premises to be used as a brothel), Section 4 (punishment for living on the earnings of prostitution), Section 5 (procuring, inducing or taking person for the sake of prostitution) and Section 7 (prostitution in or in the vicinity of public place) of the Immoral Traffic (Prevention) Act. The accused denied there was any exploitation for sex, while panch witnesses and the bogus customer turned hostile.
Additional Sessions Judge M.B. Datye said the prosecution did not prove that the accused have induced women for the purpose of sexual exploitation under the IPC. The prosecution had also not proved that the accused were running a brothel or that they were found to be knowingly living on the earnings of prostitution as per ITPA. The court said, “The evidence on record is nothing more than that a raid was effected and cash was found from the drawer. From the evidence of the informant and panch, at the most it can be said girls were also found in the salon.”
The order read, “No victim could be examined by the prosecution and the bogus customer did not support their stand. It is also not proved that an amount was given to the accused and the girl was obtained for massage and sex.” Even if the entire evidence of the prosecution is accepted as it is, it does not prove anything more than effecting a raid, finding money and girls from the spot. That is not enough to prove exploitation for sex.”
The court acquitted all of them and said, “In the absence of evidence, the premises does not become a brothel and the activities do not become prostitution.”
