Court Confirms 10-Year Rigorous Imprisonment for Accused Under IPC and ITP Act Without Necessity for Central Government Sanction
In a significant ruling, the Kerala High Court has upheld the conviction of Ashraf, the second accused in a case involving cross-border sexual exploitation and human trafficking, confirming a 10-year rigorous imprisonment. The court's decision emphasized that no sanction from the Central Government is required under Section 188 of the Criminal Procedure Code (Cr.P.C.) when parts of the offense occur in India.
The judgment, delivered by Justice A. Badharudeen, stems from a case where the victim, referred to as PW2, was deceitfully sent to Sharjah under the pretext of a job opportunity, only to be subjected to sexual abuse and trafficking by the accused. The appellant, Ashraf, was found guilty of multiple offenses, including rape under Section 376 of the Indian Penal Code (IPC) and violations under Sections 5 and 6 of the Immoral Traffic (Prevention) Act (ITP Act).
The court rejected the appellant's argument that the lack of sanction under Section 188 Cr.P.C. vitiated the trial, clarifying that since the initial acts of the crime were committed in India, such a sanction was unnecessary. The court cited precedents including the cases of Darvin Dominic v. State of Kerala and Sartaj Khan v. State of Uttarakhand to bolster its decision.
The victim's testimony was pivotal, detailing how she was procured under false pretenses and subsequently detained and subjected to sexual exploitation. The court also addressed the 22-day delay in lodging the FIR, stating that such delays are not uncommon in cases of sexual assault due to the trauma experienced by the victim.
The court confirmed the sentences imposed by the Special Court, which included rigorous imprisonment for 10 years for offenses under the IPC and ITP Act, along with fines. Part of the fine amount is to be released to the victim as compensation under Section 357(1)(b) Cr.P.C., acknowledging the gravity of the crimes committed.
The judgment underscores the court's commitment to addressing issues of human trafficking and sexual exploitation, ensuring that procedural technicalities do not hinder justice, especially in cases involving severe human rights violations.
Bottom line:-
Section 188 of Cr.P.C does not require sanction for prosecution when part of the offence occurs in India and the subsequent acts occur abroad. The trial can proceed without such sanction.
Statutory provision(s):
- Criminal Procedure Code, 1973, Section 188
- Indian Penal Code, 1860, Sections 376 and 506(ii)
- Immoral Traffic (Prevention) Act, 1956, Sections 5 and 6
- Criminal Procedure Code, 1973, Section 357
Ashraf v. State of Kerala, (Kerala) : Law Finder Doc id # 2929709
