Kanan Mandal V.

State 2014 SCC OnLine Del 201

The appellant Kannan Mandal aged 56 years has been convicted under Section 366 of the
IPC as also sections 4, 5 & 6 of Immoral Traffic (Prevention) Act, 1956. for the offence
under Section 6 of ITP Act, she has been sentenced to undergo RI for a period of 4 years and
6 months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo SI for
a period of 30 days.

Para 1

Central Bureau of Investigation V. Birendra Kumar Singh @ Virendra Kumar Singh @

Pandit 2013 SCC OnLine Del 4833

Investigation revealed that the victim child was forced to have sex with 8 to 10 customers
daily and the accused persons were minting money from the said exploitation of the poor
child victim.

Para 2(VII)

On completion of investigation, a charge sheet under section 120 B read with

Sections 343, 344, 366A, 376, 420, 506 of IPC and Section 4 and 5 of the Immoral

Traffic (Prevention) Act, 1956 was filed by the petitioner on 22.05.2012.

Para 2(X)

The allegations are very serious. It was a complete racket which was indulging in child abuse.
The modus operandi was to bring minor girls of poor background from various parts of the
country on the false pretext of providing suitable jobs to them and subsequently, these poor
girls were being raped and sexually exploited by the traffickers for monetary considerations.
By ways of three cases, the petitioner could break the organized racket of the traffickers in
Delhi to some extent and arrested as many as 21 traffickers who are involved in the
trafficking of minors for the purpose of their commercial sexual exploitation.

Para 7

NGO, namely, “Mankind on Action for Rural Growth- “MARG”, based at 14/B, Dali Fatak,
Darjeeling regarding missing of a 14 year aged girl from Darjeeling, the victim child was
rescued by Anti Human Trafficking Unit of the petitioner and during the course of
investigation it was revealed that the child victim was forced to have sex with 8-10 customers
daily and the accused persons were minting money from the said exploitation of the poor
child victim. The modus operandi adopted by the accused persons involved in the business of
fresh trade was that they were bringing minor girls of poor background from different parts of
the country to Delhi under false promise of providing suitable jobs to them and subsequently
these poor girls were being raped and sexually exploited by the traffickers for monetary
considerations. The investigation further revealed that traffickers were residing in different
colonies on rent basis and they were purchasing minor/major girls for a week's time or so and
the girls were subjected to forcible sex by 8-10 clients daily.

Para 18

Under Article 43 of the Constitution of India trafficking in human is prohibited as held in

Geeta Kancha Tamang v. State of Maharashtra, 2010 CRL. LJ 2755. Such Act constitutes
the grossest violence of human rights of the victim child.

Para 19

In State of Rajasthan v. Om Prakash, 2002 Crl.LJ 2951 (SC), it was observed that child rape
cases are cases of perverse lust for sex where even innocent children are not spared in pursuit
of the sexual pleasure. It cannot be more obscene than this.

Para 20

Turning to the factual matrix of the case, the respondent along with other accused was
charged for offences under Section 120B r/w Section 342/343/344/366A/376/420 and 506
IPC r/w Section 4 & 5 of The Immoral Traffic (Prevention) Act, 1956 and substantive
offences u/s 343/366A/376 of IPC and Section 4&5 of Immoral Traffic (Prevention) Act,
1956.

Para 21

Learned Public Prosecutor for CBI led this Court to the statement made by the victim under
Section 161 Cr.P.C. as well as Section 164 Cr.P.C. wherein consistently she has made
allegations against the accused regarding not only commission of rape upon her by him but
also forcing her to have sex with 8-10 customers and that money was paid by the respondent
to Sanjana. Para 24
State V. Vipin Sharma & ors. 2014 SCC OnLine Del 3786

In Kamaljeet Singh (in judicial custody) v. State 148 (2008) Delhi Law Times 170, this Court
dismissed Kamaljeet Singh's appeal to assail order on charge dated 12.10.2006 in FIR No.
96/05, PS Chankya Puri, registered under Sections 4 and 5 of Immoral Traffic (Prevention)
Act, 1956
Para 9
The prosecution was not accorded a reasonable opportunity to produce evidence to prove that
the sanction/approval granted was on merits and after proper application of mind. The
respondents not only indulged in unlawful activities by cheating innocent victims on the false
inducement of sending them abroad by illegal means but also allegedly forged passports and
visas playing fraud upon the authorities.
Para 14
State Of Punjab vs Cbi & Ors
The facts very briefly are that on 18.04.2007 respondent no.3 lodged FIR No. 82 at Police
Station City-I, Moga against Simran Kaur @ Indu and her husband Ajay Kumar alleging
offences under Sections 366, 376, 406, 420,  506, 344 read with Section 34 of the Indian
Penal Code, 1860 (for short `the IPC'). Pursuant to the FIR, Simran Kaur and Ajay Kumar
were arrested on 19.04.2007, but Ajay Kumar managed to escape from the custody of
police and FIR No. 83, Police Station City-I, Moga dated 19.04.2007 under Section
224 of the IPC was registered against him. In course of investigation of the case,
respondent no.3 made a statement before the police under Section 161 of the Code of
Criminal Procedure, 1973 (for short `the Cr.P.C.') on 23.04.2007 naming 14 other persons
who had sex with her against her will and some of these persons were arrested by Sub-
Inspector Raman Kumar. 
Para 2
Sub-Inspector Raman Kumar took her and Bhupinder Kumar @ Rocky Sharma to a place at
Karnal in Haryana, where Bhupinder Kumar @ Rocky Sharma raped her during the night of
04/05.11.2007. On 13.11.2007, a news item was published in the Hindustan  Times headlined
`Moga Sex Scandal' and two ladies, namely, respondent no.3 of Village Varsaal and her
relative Manjeet Kaur of Village Badduwal had been arrested. This news was also published
in the Tribune dated 12.11.2007.
Para 4
The High Court took suo motu notice of the news items and issued notices to the State of
Punjab, Senior Superintendent of Police, Moga and Deputy Inspector General of Police,
Ferozpur Range and directed the Deputy Superintendent of Police, Bhupinder Singh, who
was investigating into the case, to file the status report of the investigation on the next
date of hearing
Para 5
He submitted that the High Court, therefore, could not have directed the CBI to start a
fresh investigation or reinvestigation of the case after the police had filed charge sheet
under sub-section (2) of Section 173 of the Cr.P.C.
Para 8
Sub-section (1) of Section 173 of the Cr.P.C. provides that every investigation by the
police shall be completed without unnecessary delay and sub-section (2) of Section
173 provides that as soon as such investigation is completed, the officer in charge of the
police station shall forward to a Magistrate empowered to take cognizance of the offence
on a police report, a report in the form prescribed by the State Government.
Para 13