FREEDOM FIRM Vs. COMMISSIONER OF POLICE, PUNE AND ORS.
HIGH COURT OF BOMBAY
Commissioner Of Police, Pune And Ors.
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(1.) "I hold that the more helpless a creature, the more entitled it is to protection by men, from the cruelty of men."
- Mahatma Gandhi
(2.) THIS petition manifests, demonstrates and exposes the stark reality of the plight the most helpless creatures of our society who are trafficked into prostitution after being drawn into the dark alleys of the society by deceit or force. They are some times rescued upon the efforts of samaritans. A case of trafficking under the Immoral Trafficking (Prevention) Act, 1956 (ITPA) read with Section 370 of the Indian Penal Code, 1860 and other allied provisions comes to be registered. This is the harbinger for various tribulations and travails to befall the helpless rescued victims. The accused applies for anticipatory bail and is readily granted. If he or she is arrested, he or she is often released on bail. He or she then often not only absconds pending the trial, but repeats committing similar offence. The trial remains at that. The police machinery is required for righting the wrong. It rarely succeeds in the efforts. Justice remains out of bounds. The victim is far from reaching the doors of justice. It is widely known that "the doors of justice swing both ways".
(3.) IT is in this precarious condition that the petitioner renders yeoman service of bringing the offenders to book and the victims to justice. The journey to justice is, long, tedious and fraught with numerous obstacles.;
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