DHANALAKSHMI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal arising from the conviction of the appellant Dhanalakshmi for an offence under Section 3 (1) of the Suppression of Inv moral Traffic in Women and Girls Act, 1956 (Act No. 104 of 1956 ).

(2.) P. W. 3 is the Assistant Commissioner of Police, Vigilance, Madras and the Special Officer to detect cases under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956 ). He Hot reliable information that the accused is keeping a brothel having prostitutes in her house by collecting hire charges at the rate of Rs. 50 for having sexual intercourse with the prostitute at premises No. 39 North Road West C. I. T. Nagar, Saidapet, Madras.

(3.) ON 13-10-1969, his informant told him that the brothel keeper, viz. , the accused was ready to receive the visitor. P. W. 3 proposed to conduct the raid of the brothel. Necessary arrangements were made. One Dhanasekaran, P. W. 1, working as a helper in Simpson Group Co. , was asked to be a decoy witness in the forthcoming brothel raid. One Inspector explained in detail about the brothel raid and the part to be played by P. W. 1. P. W. 1 gave his consent. Thambusami, P. W. 2 and Mrs. Sebastian the other witnesses were in the vigilance office. P. W. 3 met the decoy and P. W. 2 and Mrs. Sebastian. The informant was introduced to the witnesses. The Assistant Commissioner of Police, P. W. 3 explained in detail as to how to conduct a brothel raid and asked for their co-operation. They all consented. Then P. W. 3 gave five ten rupee currency notes, M. O. 1 series to P. W. 1 under an entrustment mahazar Exhibit P-1 prepared by him wherein the numbers of the currency notes were noted, duly attested by P. W. 1, P. W. 2 and Mrs. Sebastian. This was at 3-30 p. m. P. W. 3 instructed P. W. 1 to accompany the informant to the premises No. 39 North Road West C. I. T. Nagar, Saidapet, Madras. He asked P. W. 1 to fix up the engagement and pay the amount to the accused, take the prostitute girl to the bed room and have sexual intercourse with her and remain there till the door of the bed room would be tapped by calling out his name. After this, they all left the vigilance office and reached the Saidapet Court compound. From there the informant and the decoy, P. W. 1, were despatched to the brothel house at 4. 05 p. m. The decoy P. W. 1 and the informant went in a taxi to the premises No. 39 North Road, West C. I, T. Nagar, Saidapet. The accused was found sitting in the hall of the downstairs portion of the building. The informant introduced P. W. 1 to the accused and told her about the purpose of their visit. The accused told them that she had one girl by name Mahalakshmi and demanded Rs. 50 for having sexual intercourse with the girl. P. W. 1 wanted to see the girl. The accused called the girl and showed her to P. W. 1 and the informant. The girl also told P. W. 1 that Rs. 50 was to be paid in order to have sexual intercourse with her. So saying the prostitute girl Mahalakshmi took P. W. 1 inside the house so that P. W. 1 could see her before fixing the deal. She removed her blouse and showed her breast to him. P. W. 1 gave her Rs. 50 which was given to him by the Assistant Commissioner of Police, P. W. 3 and the girl, in turn handed it over to the accused. The accused took that money and kept it in an almirah. She told the prostitute girl to take P. W. 1 to the bed room and the girl took P. W. 1 to the bed room. Meanwhile, the informant left the premises. The girl bolted the bed room from inside. P. W. 1 and the girl undressed themselves and P. W. 1 had sexual intercourse with her once and they were talking in the bed room. He was with his underwear and the girl was with her skirt. The informant went and told the Assistant Commissioner of Police, Vigilance, that P. W. 1 the decoy witness had been accommodated in the house of the accused. P. W. 3 decided to conduct the raid of the premises No. 39 North Road West C. I. T. Nagar, Saidapet. As he had no time to obtain a warrant from the Court, he prepared the grounds of belief in Exhibit P-3. P. W. 3 and P. W. 2 and Mrs. Sebastian immediately left the premises of Saidapet Court and reached the house of the accused. They entered the house and found the accused standing in the main hall of the house. P. W. 3 questioned the accused about the visitor. The accused pointed out the bed room, which was bolted from inside. P. W. 3 tapped the door of the bed room in the presence of the witnesses by calling out the name of P. W. 1. The door was opened. They all went inside the room and found P. W. 1 and the prostitute girl Mahalakshmi half naked. The Assistant Commissioner of Police, P. W. 3 asked P. W. 1 and the girl to dress themselves properly and come out. They dressed themselves and they came out. P. W. 3 learnt the name of the prostitute as Mahalakshmi. She was below 21 years of age. He asked the decoy P. W. 1 as to what had happened. P. W. 1 narrated to P. W. 3 the entire transaction. P. W. 3 questioned the accused about the money. She produced the five ten rupee currency notes M. O. 1 series from the almirah which was kept in the room opposite to the bed room. P. W. 3 showed them to the witnesses and verified the numbers found in the notes and they tallied with the numbers noted in the entrustment mahazar Exhibit P-1. He seized the five ten rupee currency notes under a mahazar, Ex. P-2, attested by the witnesses.