Kolkata: A brothel customer cannot be prosecuted under the Immoral Traffic (Prevention) Act, 1956 unless it is proved that he is financially exploiting a sex worker, the Calcutta High Court has ordered.
High Court dismissing the charge sheet against one NRI The businessman said, based on the material produced in the court, it appears that the NRI had come on a flight from Kolkata. Dubai And chose to have sex for money. The HC said the investigation does not reveal whether he had financially exploited the sex worker, even repeatedly visited the place or habitually lived with the sex worker. The HC said that unless it is proved, it would be impossible to prove that he had aided and abetted the offence.
The case dates back to January 2019, when the NRI businessman claimed that he had reached Kolkata from Dubai. He claimed that he had back pain and found a massage parlor from the internet and reached CR Avenue there. When the masseuse approached her, she claimed, the police raided the place and arrested everyone, including her. He was later granted interim bail.
Police said the businessman was caught red handed in a brothel. In the raid, 10 people including eight women have been arrested. He said the businessman was found in a compromising position with a sex worker. justice Ajay Kumar Mukherjee It said on Monday, “What is punishable under the Act is sexual exploitation or abuse of any person for commercial purpose and to keep or permit the premises to be used as brothel for earning bread and when any person who practices prostitution in a public place.” or when a person is found to have solicited or abetted any other person as defined under the Act. I did not find any material in the case diary to suggest that the present petitioner is living on the earnings of prostitution.”
The HC also observed that “prostitution is not prohibited under the Act, but it is equally true that a “client” can encourage prostitution and exploit a sex worker for money,” but it was during the course of the investigation. must be proved. In this case the HC said, even the sex worker with whom the businessman was found told the police that no coercion was done.
High Court dismissing the charge sheet against one NRI The businessman said, based on the material produced in the court, it appears that the NRI had come on a flight from Kolkata. Dubai And chose to have sex for money. The HC said the investigation does not reveal whether he had financially exploited the sex worker, even repeatedly visited the place or habitually lived with the sex worker. The HC said that unless it is proved, it would be impossible to prove that he had aided and abetted the offence.
The case dates back to January 2019, when the NRI businessman claimed that he had reached Kolkata from Dubai. He claimed that he had back pain and found a massage parlor from the internet and reached CR Avenue there. When the masseuse approached her, she claimed, the police raided the place and arrested everyone, including her. He was later granted interim bail.
Police said the businessman was caught red handed in a brothel. In the raid, 10 people including eight women have been arrested. He said the businessman was found in a compromising position with a sex worker. justice Ajay Kumar Mukherjee It said on Monday, “What is punishable under the Act is sexual exploitation or abuse of any person for commercial purpose and to keep or permit the premises to be used as brothel for earning bread and when any person who practices prostitution in a public place.” or when a person is found to have solicited or abetted any other person as defined under the Act. I did not find any material in the case diary to suggest that the present petitioner is living on the earnings of prostitution.”
The HC also observed that “prostitution is not prohibited under the Act, but it is equally true that a “client” can encourage prostitution and exploit a sex worker for money,” but it was during the course of the investigation. must be proved. In this case the HC said, even the sex worker with whom the businessman was found told the police that no coercion was done.