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The Gujarat High Court has ruled that pimps of commercial sex workers who are not minors and voluntarily entered flesh trade cannot be booked under Section 9 (seduction of a person in custody) of the Immoral Traffic (Prevention) Act.
The court observed this while absolving two alleged pimps from charges under the said section of the Act in a recent order,under which maximum punishment is life imprisonment.
The case relates to two alleged pimps from Ahmedabad who were arrested by the Ahmedabad city Detection of Crime Branch along with five others,including an alleged sex worker,in a raid six months ago. The duo,Parth Mitra and Sujoy Satyadhikari,was booked under Section 9 of the Act besides other minor criminal charges.
Claiming that they did not force the arrested sex worker into prostitution,the two had moved the HC to get the charge against them under Section 9 deleted.
The woman,meanwhile,told police that she was into flesh trade to earn money as her husband was not earning anything and had driven her out of the house. She also stated that after coming to Ahmedabad,she had contacted the two accused to get her ‘customers’. After considering her statement and the evidence collected against the two,the HC held that Section 9 cannot be imposed on them since they neither had the custody of the woman nor forced her into the illegal act.
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