Kolkata: The Calcutta High Court has upheld the conviction of three accused for trafficking a Bangladeshi minor girl who was brought to Kolkata and was being sent to Nagpur for sex trade.
The bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was moved by the three appellants challenging their conviction under IPC sections for importing a girl from a foreign country with the intention to force her into sexual activity, criminal conspiracy and trafficking.
The victim is a 15-year old girl hailing from Bangladesh. She was taken to Jessore on the false promises of employment and sold to another person who further handed her over to a third person with whom she reached India on a boat. She was kept in a house. Subsequently, she was brought to Kolkata and kept in a flat at Kaikhali. Appellants Hasina Mondal made her wear a new dress. Another appellant Abdul Kalam took her photo. The third appellant Golam Mostafa Mondal boarded a bus along with her for Howrah station. He got a message on his phone relating to a ticket in her name from Howrah to Nagpur. However, a co-passenger saw the message and became suspicious. He interrogated them and handed them over to the police posted at Lalbazar headquarters gate. Her statement was treated as an FIR and a probe was initiated. Police raided the Kaikhali flat. All three appellants were arrested. Prosecution argued no probe was done to find out the circumstances in which the victim is alleged to have come to India. Further, there is no incriminating evidence against Hasina Mondal, Abdul Kalam Tarafder was not apprehended with the victim, and recovery of the minor girl with Golam is a concocted story. The co-passenger was not examined.
Evidence on record established the meeting of minds between the conspirators on the Indian side to procure and traffic her for exploitation. If prosecution is able to establish the existence of conspiracy then act or illegal omission of one conspirator would bind the others, the court observed.