KRISHNAMURTHY ALIAS TAILOR KRISHNAN Vs. PUBLIC PROSECUTOR MADRAS

JUDGEMENT

(1.) Krishnamurthy alias Krishnan was convicted by the III Presidency Magistrate, Saidapet, Madras, of the offence under S. 4 (1) of the Suppression of Immoral. Traffic in Women and Girls Act, 1956 (Act 104 of 1956), hereinafter called the Act, and was sentenced to nine months' rigorous imprisonment, though he was charged with an offence under S. 3 (1) of that Act. He appealed against his conviction to the High Court. The State Government appealed to the High Court against the acquittal of the appellant of the offence under S. 3 (1) of the Act. The High Court dismissed the appellant's appeal but allowed the State appeal and altered the appellant's conviction to one under S. 3 (1) of the Act and sentenced him to two years' rigorous imprisonment and a fine of Rs. 50/-as he was a second offender. It is against this order of the High Court that the appellant appeals, by special leave.

(2.) The prosecution case, briefly, is that the Assistant Commissioner of Police (Vigilance), P. W. 4, having information that the house occupied by the appellant was being used as a brothel with three girls, Saroja, Ambika and Lakshmi deputed Shanmugham,P.W.2, as a decoy, on August 22, 1962. Shanmugham was given three marked 10 rupee currency notes by P.W. 4. He went to appellant's place and was shown the three girls. He selected Ambika and paid Rs. 30/- in those marked currency notes to the appellant. He and Ambika then went inside a room. Thereafter, the police party raided the house the decoy Shanmugham and Ambika dishevelled condition in that room. P. W 4 recovered the marked currency notes from the possession of the appellant.

(3.) The main question appeal is whether the facts found make out the offence under S. 3 (1) of the Act. Section .3 (I) reads: