PUBLIC PROSECUTOR Vs. SAROJA

JUDGEMENT

(1.) THESE two matters have come up for orders before me today at the instance of the office. The facts were briefly these :

(2.) TWO women called Saroja, aged 24, and Alagu, aged 22, were convicted under section 12 (1) of the Madras Suppression of Immoral Traffic Act, by the Sub-Divisional Magistrate of Pudukottai, in C. C. Nos. 86 and 87 of 1958, on his file and were directed to be detained in the Vigilance Home, Madras, in lieu of imprisonment, for three years and four years respectively. They were found loitering opposite to the Madurai Lodge in Thirumayam Road in Pudu-kottai Town, at midnight on 9-5-1958, and soliciting people for promiscuous sexual intercourse. One of the men so solicited was P. W. 2, Senthil Nathan a merchant printing books. P. W. 3 was repelled at the shameless solicitation to him or sexual intercourse by these women, and so did not accede to their wishes P. W. 1, the Sub-Inspector of police, Taluk Station, who was going along the street, arrested the two women, and, after investigation, charge-sheeted them.

(3.) THE learned Public Prosecutor, on going through the records, found that the convictions and sentences of both these women under the Madras Suppression of immoral Traffic Act by the Sub-Divisional Magistrate of Pudukottai, were illegal, as on 1-5-1958, the Suppression of Immoral Traffic in Wo-men and Girls Act, 1956 (Central Act CIV of 1956) had come into force, superseding the Madras Act, which automatically lapsed on 1-5-1938.