Bombay HC Upholds Conviction In PITA Case, Rejects ‘Victim Shaming’ Argument Over Immigration Status

The Bombay High Court upheld the conviction of a 41-year-old woman in a PITA case, rejecting an argument questioning a victim’s credibility over her alleged immigration status. The court said criminal law must punish the perpetrator, not shame the victim, and directed the woman to surrender within four weeks.

The Bombay High Court said a victim’s immigration status cannot be used to undermine her dignity or dilute the seriousness of an offence | AI Generated Image
Mumbai, October 2, 2026: The Bombay High Court has upheld the conviction of a 41-year-old woman for running a brothel in Mumbai, observing that the immigration status of a victim cannot be used to dilute an offence or deny her dignity.
Justice M.M. Sathaye dismissed Rani Singh’s appeal challenging her conviction under Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act (PITA), while directing her to surrender within four weeks.
Brothel Raid And Arrest
Singh was arrested after police raided rooms in Krishna Building on Pavwala Street, Grant Road, on February 17, 2011, following information provided by NGO Rescue Foundation. A decoy customer was sent to the premises, and police later found Singh, who was described as the manager and conductor of the brothel. Two girls were also found at the premises.
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According to the prosecution, the decoy customer was found with one of the girls, and Rs 500 paid to her was recovered from Singh. Police also seized tissue papers and packets of condoms. The girls allegedly told police that they were engaged in prostitution and shared their earnings with Singh.
Court Rejects Victim-Shaming Argument
Singh challenged the conviction, arguing that the prosecution relied heavily on witnesses associated with the NGO and that there were no independent witnesses.
Her lawyer also questioned the credibility of one of the victims and argued that she was an illegal Bangladeshi immigrant and, therefore, could not be relied upon as a witness.
Rejecting the argument, Justice Sathaye said the victim’s immigration status did not make the offence any less serious. “The effort under criminal law is to prosecute and punish the perpetrator. The effort can never be and should not be to shame the victim,” the court observed.
NGO Witnesses Accepted
The court also rejected the challenge to the NGO witnesses, saying that in raids on brothels it may not be possible to secure independent members of the public as witnesses. It held that the police officer who conducted the investigation had been properly authorised under PITA.
The court noted that Singh had been identified by the prosecution witnesses and was arrested from the raided premises. It found no reason to interfere with the concurrent findings of the Magistrate and Sessions Court.
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Sentence And Bail Bond Cancelled
Singh had been sentenced to two years’ rigorous imprisonment for offences under various provisions of PITA, which are to run concurrently.
Dismissing her appeal, the HC cancelled her bail bond and surety.
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