Mumbai court clears man of minor smuggling case; upholds visa fraud allegations

Mumbai: Additional Sessions Judge SB Pawar has partially granted a discharge application in a complex visa fraud case, rejecting charges under Section 366A of the Indian Penal Code (IPC) while maintaining other serious allegations against the accused.
The case, which came to light in 2013, involves the alleged smuggling of minor children and women to the United States through falsified visa applications and forged passports. Aslam Rafiq Panchal, the primary defendant, sought discharge from all charges under Section 227 of the Code of Criminal Procedure.
According to court documents, the investigation began following a complaint by Ethan Mark Stone, an officer at the US Consulate General in Mumbai. Stone alleged that Panchal and his associates submitted fraudulent information and documents to facilitate illegal entry into the United States.
Defence advocates HR Patel and Indira Panchal argued that the charge-sheet lacked evidence of intent or knowledge that minor girls would be subjected to illicit intercourse, a crucial element for charges under Section 366A of the IPC. They presented witness testimony indicating that minors travelled with parental consent for educational purposes or family reunification.
The prosecution contended that Panchal orchestrated a criminal conspiracy involving the transportation of 23 individuals, including 14 children, to the United States. They urged the court to deny the discharge application, citing the serious nature of the allegations.
In his ruling, Judge Pawar noted the lack of evidence substantiating offences against the minors. “At this stage, it appears the minor girls were sent to the United States with the consent of their guardians or parents,” he observed, agreeing that Section 366A of the IPC was not applicable.
However, the judge found prima facie evidence to proceed with charges related to forgery, cheating, and violations of the Indian Passports Act. “There are grounds to believe that the accused has committed offences under sections 465, 467, 468, 471, and 420 read with Section 120B of the IPC,” Pawar stated.
The court’s decision results in a partial discharge for Panchal, with the case now transferred to the Magistrate’s Court for further proceedings on the remaining charges.