Flags need for victim testimony in trafficking trials
Observing that trafficking charges cannot rest solely on police testimony and seizure of articles, the Additional Sessions Court, Mapusa, acquitted a Mumbai resident in a 2018 Calangute prostitution and human trafficking case.
Additional Sessions Judge Dvijple V Patkar, while acquitting accused Sayed Tanzil observed that the mere rescue of women from premises or in a public place or seizure of articles is insufficient to establish trafficking beyond reasonable doubt.
The court also said the direct testimony of victims is ordinarily the most vital evidence in trafficking prosecutions as the allegations of recruitment, inducement, coercion and exploitation involve facts lying within the special knowledge of the victim herself.
“His (Investigating Officer) evidence, without substantive corroboration from the alleged victims, amounts only to proof that a raid occurred and certain articles were recovered, not that trafficking or sexual exploitation was committed. In such cases, conviction cannot rest solely on the official or hearsay testimony when the essential elements of procurement or exploitation are not proved,” the Court said.
Calangute police had conducted a raid on January 31, 2018, at a Guest House in Calangute, and rescued three women who were allegedly procured for prostitution. During the hearing, the prosecution claimed the accused was supplying women to customers and living off the earnings of prostitution.
During the trial, however, the prosecution examined only two witnesses -- the investigating officer and a panch witness. The court noted that the alleged victims could not be traced and their whereabouts were unknown.
The court ultimately held that the prosecution had “miserably failed” to prove its case beyond reasonable doubt and acquitted the accused.
