Case Note & Summary
The Supreme Court dismissed the criminal appeal filed by the appellant, K.P. Kirankumar @ Kiran, against his conviction in a child trafficking and commercial sexual exploitation case -- The case involved the rescue of a minor victim from a rented premises in Peenya, Bangalore, where she was allegedly forced into prostitution -- The appellant was charged under Sections 366A, 372, 373, and 34 of the Indian Penal Code, 1860 (IPC) read with Sections 3, 4, 5, 6, and 9 of the Immoral Traffic (Prevention) Act, 1956 (ITPA) -- The Trial Court convicted the appellant under Sections 366A, 373, and 34 IPC read with Sections 3, 4, 5, and 6 ITPA, which was upheld by the High Court -- In the Supreme Court, the appellant challenged the victim's testimony, citing contradictions regarding injuries and apartment details -- The Court held that these contradictions were minor and did not undermine the core version, which was corroborated by other evidence -- The Court emphasized the importance of sensitive appreciation of minor victims' evidence in trafficking cases -- The conviction was affirmed, and the appeal was dismissed
Headnote
Criminal Law-- Indian Penal Code, 1860 -- Sections 366A, 372, 373 and 34 -- Immoral Traffic (Prevention) Act, 1956(ITPA)-- Sections 3, 4, 5, 6-- Victim minor girl was forcibly removed from the bus stand and placed her in the custody of A1 and A2 at a rented premises-- Forced to minor victim to indulge in the prostitution-- Trafficking-- Illegaly confined th victim with an intention to force her in prostitution-- Conviction of appellant/accuseed by trial court-- Appeal-- Dismissal of appeal by High court-- Aggrieved-- Challegned to conviction by appellant/accused-- Case hinges on the version of victim (PW-13)-- Minor contradictions in the version of victim substantially corroborated by other evidence on record-- Parameters described while appreciating the evidence of a minor victim of trafficking-- Case of Gurmitsingh & Ors (Supra) referred-- Testimony of victim PW-13 found to be credible and established that A1 and A2 had procured her for sexual exploitation and utilised her for such immoral purpose-- Communication between prosecution with PW-8 and PW-1 prior to raid -- Corroboration from the version of witnesses-- Premises taken on rent by A1 and A2 proved from the testimony of PW-15 -- Money taken by the appellant from PW-8 in lieu of permitting him to engage in sexual intercourse with PW-13/victim-- Age of minor victim PW-13 proved-- The search was carried out in the presence of PW-8 and Pw-12 who were independent local inhabitants-- Justification in conviction-- Conviction uphold-- Appeal Dismissed Para-- 8, 10, 11, 12, 13, 17
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Issue of Consideration: The Issue of consideration was whether the conviction of the appellant under Sections 366A, 373, and 34 of the Indian Penal Code, 1860 (IPC) read with Sections 3, 4, 5, and 6 of the Immoral Traffic (Prevention) Act, 1956 (ITPA) was justified based on the evidence, particularly the testimony of the minor victim
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Final Decision
The Supreme Court dismissed the criminal appeal and upheld the conviction of the appellant under Sections 366A, 373, and 34 IPC read with Sections 3, 4, 5, and 6 ITPA -- The Court affirmed the sentences imposed by the lower courts
