The Bombay High Court has set aside an order issued by the Additional Sessions Judge, Thane, convicting accused Yellamma Mehatre and Firoja Shaikh under Section 366A (procuration of minor girl) of the Indian Penal Code (IPC).
The basis of the acquittal was due to non-compliance of mandatory provisions (namely sections 13 and 15) under the Immoral Trafficking (Prevention) Act by the police while conducting the raid.
Additionally, the ossification test of both the victims concluded that they were within the age of 18. However, Dr. Anilkumar Gondhale, responsible for the tests mentioned the ages of the girls may vary a couple of years.
Therefore, due to the lack of evidence, Justice Badar of the Mumbai HC said the accused were entitled to benefit of doubt. The Court ordered the release of Firoja and cancelled the bail bond of Yellamma.
Read the full Live Law article here.