HC upholds conviction of 3 persons under trafficking, POCSO charges

Soumyadip Mullick, MP, 21 Jan 2025, Kolkata: In a case where two minor girls were trafficked from Sealdah Railway platform for prostitution, one of them sent to Uttar Pradesh and raped, Calcutta High Court upheld the conviction and sentence of three persons, including a couple. 

The bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was moved by the convicts challenging their conviction and sentence by the trial court under POCSO and IPC sections. Two minor girls lived at Sealdah Railway Station platform. 

One accused Bijoy Sardar took them away on promises of employment as maid servants at the residence of a couple, Dharmendra and Asha, at Kanchrapara. The husband took one of the girls, whose father later approached the police, to Uttar Pradesh for performing as a dance girl. She was sexually assaulted by customers there. 

She was raped by one Jitendra at a brothel. She managed to escape and return to Sealdah Railway Station from where she was rescued. 

The other victim was also assured of a job in Uttar Pradesh. She was taken to Kanchrapara. When she refused to dance, she was assaulted. She later escaped. Both the girls were medically examined. Medical report of rape victim revealed a ruptured hymen and multiple scratch injuries. 

The other girl had no bodily injury. Hymen was intact. Police arrested Bijoy and the couple. Police went to UP and arrested Jitendra and the alleged brothel owner. All accused were identified at the TI Parade examination. Defence ruled out kidnapping, submitting that the rape victim was found on Sealdah platform on the day FIR was registered. Further, the other victim didn’t corroborate her statements on sexual exploitation in Uttar Pradesh. A

Court observed her father belongs from the weakest strata of society. He orally reported the matter to Sealdah GRPS initially. Police didn’t take any action. On the day his daughter returned, his statement was recorded by police and she was rescued from the Sealdah platform itself. 

As to the age of the victims, the court relied on ossification reports to prove their age. Both were below 18. Court observed that due to their extremely poor background, it is unlikely that their birth or school leaving certificates can be produced. Court upheld sentence of the couple and the rape accused. 

https://www.millenniumpost.in/bengal/hc-upholds-conviction-of-3-persons-under-trafficking-pocso-charges-595722