K.P. KIRANKUMAR @ KIRAN v. STATE BY PEENYA POLICE
Child Trafficking - Credibility of Victim's Testimony, Compliance with ITPA Search Provisions, and Age Determination in Cases of Sexual Exploitation.
Court: Supreme Court of India
Citation: 2025 INSC 1473
Decision Date: 19-12-2025
List of Laws
The Indian Penal Code, 1860; The Immoral Traffic (Prevention) Act, 1956; Code of Criminal Procedure, 1973; Juvenile Justice (Care and Protection of Children) Rules, 2007
- Facts: The complainant received information that minor girls were being kept for prostitution at a rented house. A decoy was sent to the premises who offered money to the appellant for sex with the minor victim. The police raided the premises, rescued the minor, and recovered the money. The Trial Court convicted the accused, and the High Court upheld the conviction.
- Procedural Posture: The appellant appealed to the Supreme Court against the concurrent findings of the Trial Court and the High Court, challenging the conviction for offences related to child trafficking and commercial sexual exploitation.
- Issue: 1. Whether the evidence presented by the prosecution, particularly the testimony of the minor victim, is credible and sufficient to sustain a conviction for offences related to child trafficking and commercial sexual exploitation? 2. Whether the search and recovery of the minor victim were conducted in compliance with the provisions of Section 15(2) of the Immoral Traffic (Prevention) Act, 1956? 3. Whether the age of the victim was correctly determined?
- Holding: The Supreme Court upheld the conviction and sentence awarded by the High Court, dismissing the appeal. The Court found the victim's testimony credible and corroborated by other evidence. The Court also held that the search was conducted in substantial compliance with Section 15(2) of the ITPA and that the age of the victim was correctly determined based on the school certificate.
- Reasoning: The Court reasoned that the victim's testimony was credible and established that the accused had procured her for sexual exploitation. The Court emphasized the need for sensitivity and latitude while appreciating the evidence of minor victims of sex trafficking. The Court also held that minor contradictions in the evidence did not render the prosecution case vulnerable. Regarding the search, the Court found substantial compliance with Section 15(2) of the ITPA, as the search was conducted in the presence of respectable and independent witnesses. The Court relied on the principle that an irregular search does not per se vitiate the trial unless it is shown that there has been a failure of justice. The Court also affirmed that the school certificate is the primary document for determining the age of a victim in such cases, as per Jarnail Singh v. State of Haryana.
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