Thane Court Acquits Mumbra Man of Kidnapping, Orders Bangladeshi Wife Deported
The Thane Sessions Court has acquitted a 48-year-old man residing in Mumbra of kidnapping and wrongful confinement charges involving a woman from West Bengal, while convicting his 27-year-old wife under the Passport (Entry into India) Act and the Foreigners Act for residing in the country without valid documents.
Judge in the case acquitted Anisur, alias Anichur Panchu Mulla, of all charges, including allegations of kidnapping, wrongful confinement, and immigration offences. His wife, Letunejera, alias Muskan Anisur Mulla, was acquitted of kidnapping and wrongful confinement under Section 365 read with Section 34 of the Indian Penal Code, but was convicted under Sections 3(A) and 6(A) of the Passport (Entry into India) Act, 1920, and Section 14 of the Foreigners Act, 1946.
The court sentenced Muskan to 24 months and 19 days of rigorous imprisonment and imposed a fine of Rs 500 on each of the two counts, with the sentences running concurrently. The court granted her a set-off for the custody period she had already served between September 25, 2018, and October 14, 2020. The court directed that she be deported to Bangladesh through the Bangladesh Embassy upon completion of her sentence and ordered the Commissioner of Police, Thane, to execute the order and report compliance.
The case stems from an FIR filed in September 2018 following a raid by the Anti-Human Trafficking Cell of the Thane Crime Branch at Room No. 708, Gaji Mahal Tower in Thakurpada, Mumbra, during the night between September 24 and 25, 2018. Police had received confidential information alleging that Anisur had brought a woman from West Bengal, Rinku Swapnakumar Maji, to Mumbai on the promise of employment and confined her in the flat. Muskan was also present in the room during the operation.
During the trial, the prosecution examined six witnesses, including police personnel, the landlord of the premises, and a panch witness. However, the alleged victim was not examined before the court. The court noted that while the woman's statement had been recorded before a magistrate under Section 164 of the CrPC, it could not serve as substantive evidence without her direct testimony at trial.
The court also highlighted multiple procedural lapses in the police investigation. The panchanama was drawn up at the Anti-Human Trafficking Cell office rather than at the raid location, there was no station diary entry noting the time the confidential tip-off was received, and society office-bearers were not notified of the raid. Additionally, one panch witness was regularly used by police, and no personal searches of the panch witnesses were conducted prior to the raid.
While acquitting both of the confinement charges, the court found adequate evidence that Muskan had illegally entered and resided in India without a passport, visa, or registration documents.
