Mumbai court grants bail to woman accused of forcing minor into sex work

A special POCSO court in Mumbai on Monday granted bail to a woman accused of forcing a 13-year-old girl into sex work [Yasmin Mohammad Hussain vs. The State of Maharashtra]..Extra Joint Special Judge Anis Khan noted that the property where the offences were allegedly committed did not belong to the accused and that the main accused in the case, her husband, had already been released on bail. "From the investigating papers it appears that investigation is over. Though the offence is serious punishable with imprisonment of life but the role of present applicant/accused is limited," he then observed..The complaint was lodged after social worker Aasma Altaf Lokhandwala with the help of her associates and the police had conducted a raid at the property in question.During the raid, it was found that five people, including the accused woman, were running a prostitution racket wherein the minor girl was pushed into prostitution.The accused was booked for offences under the the Immoral Traffic Prevention Act, Protection Of Children From Sexual Offences Act (POCSO Act) and the Indian Penal Code (IPC).The woman, through her advocate Sana Raees, deposed that she was innocent and had been falsely implicated. She submitted that the property where the crimes were committed did not belong to her and neither was it in her possession.She informed the Court that the investigation was complete and hence, no purpose would be served by continuance of her custody. She then undertook to abide by all bail conditions and promised not to tamper with evidence.Stating that there was no serious allegation against her, and the two main accused were already on bail, she prayed for grant of bail..State Public Prosecutor Prajali Joshi opposed the bail application on the ground that the allegations against the accused were serious.She also told the Court that the rescued minor girl tested positive for HIV.The applicant along with the other accused, were all involved in the crime and the applicant was the main accused, it was contended. Joshi also expressed concerns about the accused absconding if released on bail since she is a resident of Rajasthan. .When the rescued minor girl was called for her say on the bail application, she too opposed it..The Court, after hearing all the parties, opined that since the leave and license agreement related to the building where raid was conducted, was executed in favour of her husband, the applicant didn't appear to be connected with the case."According to the documents of leave and license, it shows that brothel is in the name of accused no.4. Prima facie it appears that applicant is not connected with brothel and not involved in the offence punishable with death or life imprisonment," the Court explained..Subsequently, the Court noted that the chargesheet was filed and nothing had been seized from the applicant."She being lady no purpose will serve to keep her behind the bars. Trial has not yet commenced. Main accused are released on bail," it observed.The Court, therefore, released the accused woman on bail after imposing certain restrictions on her to ensure that she does not abscond or avoid trial. [Read Order]