Kochi spa case: Kerala HC says women’s denial not enough to quash prosecution

The Kerala High Court has refused to quash criminal proceedings in a case involving an alleged brothel operating under the guise of an Ayurvedic spa in Kochi, holding that the subsequent statements of women denying sexual exploitation do not by themselves establish that the prosecution has no possibility of securing a conviction.

The court took note of the fact that the women who were allegedly subjected to sexual exploitation had subsequently denied the prosecution allegations. They had given statements before the jurisdictional Magistrate saying that they had not engaged in the alleged sexual activities and had also filed affidavits disowning the prosecution case.

However, Justice Jobin Sebastian, in an order dated September 23, held that their subsequent recantation could not, at this stage, be treated as sufficient grounds to conclude that the prosecution would fail.

“Merely because the witnesses who were allegedly subjected to sexual exploitation have subsequently recanted from the prosecution version, it cannot, at this stage, be concluded that there is no possibility of a conviction or that the continuation of the proceedings would amount to an abuse of the process of law. The offences alleged in the present case are also not in the nature of private disputes.”

The court noted that the prosecution was not relying solely on the testimony of the women. It said statements of independent witnesses, along with the evidence of the police officer who conducted the raid and other official witnesses, were available to support the prosecution case.

The court rejected the argument that the prosecution would necessarily fail if the women did not support the case during trial. It said the evidence of independent and official witnesses would also be available for consideration by the trial court.

“On the contrary, a perusal of the records and other materials collected during the investigation indicates that statements of independent witnesses are also available in support of the prosecution case,” the court said, adding that the evidence of official witnesses could be acted upon if it was convincing and reliable and capable of inspiring the confidence of the court.

The court partly quashed criminal proceedings against four men accused of being customers at a Kochi spa allegedly functioning as a brothel but held that they can still be prosecuted under Sections 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 (ITP Act).

Justice Jobin Sebastian held that there was no sufficient material at this stage to establish that Arun TR (A4), Shameem (A5) and Azhar Sadiq Abdul Salam (A6) had any role in running or managing the establishment, or in recruiting or harbouring women there. However, the court found that the allegations against them as customers could attract Sections 5 and 7 of the ITP Act.

The case relates to the crime registered by the Ernakulam Central police. According to the prosecution, Praveen Sodharan (A1), Keerthana Sunil (A2) and Krishnadas EK

 (A3) allegedly recruited and harboured women at an Ayurvedic spa named “Moksha”, operating from the first and second floors of Vebal House in Kochi, for sexual activities.

The prosecution alleged that accused Nos. 4 to 7 assisted the activities by recommending women to the establishment and that, during a police raid on December 24, 2024, they were allegedly found engaged in sexual intercourse with four women.

The accused approached the High Court seeking to quash the final report and all further proceedings. They argued that there was no material to show that the women had been trafficked through force, threats, fraud, abuse of power or other means. They also relied on statements recorded by the Magistrate and affidavits filed by the women, in which they denied having been sexually exploited.

At the same time, the court drew a distinction between the alleged customers and those accused of running the establishment.

It found that accused Nos. 4 to 7 were, prima facie, only customers who allegedly engaged in sexual activities with women at the establishment. The court said there was insufficient material to show that they had participated in its conduct or management or had attempted to recruit or harbour women.

Consequently, the High Court quashed the proceedings against accused Nos. 4 to 7 under Section 143 read with Section 3(5) of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the ITP Act.

However, the court held that their alleged conduct as customers required separate consideration.

The High Court also refused to quash the proceedings against accused Nos. 1 and 3.

In the case of accused No. 1, the court noted that documentary and oral materials prima facie indicated his connection with the establishment. The building was allegedly taken on lease by accused Nos. 1 and 2, while a therapist's statement recorded during the investigation indicated that the spa was being operated using his licence, which had allegedly been handed over to accused Nos. 1 and 2.