The Bombay High Court recently came down heavily on the Navi Mumbai Police Commissioner for falsely implicating a man in a prostitution racket. The court directed the police chief to conduct an inquiry into the matter and take action against the errant officers.
A single Bench of Justice Revati Mohite-Dere was hearing the bail application of Rakesh Roy, which was moved through advocate Yogiraj Purwant in the High Court on December 4, 2018. Mr. Roy has been lodged in Thane Central Jail since February 2017.
The complainant claimed that he had received a tip-off on February 8, 2017, that Mr. Roy was running a prostitution racket in Navi Mumbai. The police laid a trap and arrested three women and a 17-year-old girl. Later, the police found out that the arrested were Mr. Roy’s niece, his wife and her two friends.
The court said the statements of the arrested revealed that Mr. Roy did not run a prostitution racket. The court said no allegations of rape or sexual exploitation were made by the women. The court recorded, “According to the alleged victims, they were eating, when two persons came there, thrust money in Mr. Roy’s hand, and pursuant to which the police arrived. The medical report also does not support the prosecution’s case. Prima facie, it appears that the police without proper verification had acted on a tip-off by a disgruntled person who had some animosity against Mr. Roy.”
‘It’s disturbing’
The assistant public prosecutor had also fairly stated that there was no material against Mr. Roy to prove his complicity in the alleged crime. While granting bail to Mr. Roy, Justice Mohite-Dere said, “What is even more disturbing is that though there was no material to file a charge sheet against Mr. Roy, a charge sheet was filed against him. He has been languishing in jail since February 2017 despite there being no material against him.”
The Koparkhairane police had registered an FIR against Mr. Roy under Sections 3 (punishment for keeping a brothel or allowing premises to be used as a brothel), 4 (punishment for living on the earnings of prostitution), 5 (procuring, inducing or taking person for the sake of prostitution) of the Immoral Traffic Prevention Act.
He was also charged under Sections 370 (buying or disposing of any person as a slave) 376 (punishment for rape) of the Indian Penal Code, along with Sections 4 (punishment for penetrative sexual assault), 8 (punishment for sexual assault), 12 (punishment for sexual harassment) and 17 (punishment for abetment) of the Protection of Children from Sexual Offences Act.
