The Allahabad High Court.
Credit: PTI File Photo
Lucknow: In a significant decision the Allahabad High Court has said that being a customer of a prostitute or being caught in a sex act with a prostitute does not prove the offense of human trafficking.
A single bench comprising Justice Vinod Diwakar gave this ruling on a petition challenging his trial and summons issued by a district court in Ghaziabad which took cognisance of the charge-sheet charging the petitioner with human trafficking.
The High Court quashed the summons and the proceedings in the Ghaziabad district court against the petitioner.
The court concurred with the counsel of the petitioner that the latter was merely a customer and was in no way involved in human trafficking. The petitioner was caught by the cops during a raid on a Spa centre in Ghaziabad last year in an objectionable position with a woman.
The counsel further contended that the petitioner had paid for the services and that he was not the owner of the Spa Centre. The lawyer also cited several judgments of the high courts in this respect to substantiate his contention.
After hearing both sides, the court quashed the summons and also the proceedings in the district court of Ghaziabad.
According to the prosecution, the petitioner was apprehended along with some others during a raid on a Spa Centre. He was charged under Section 370 of the IPC (Trafficking of persons) and also under the (Immoral Traffic (Prevention) Act 1956.