STATE OF MAHARASHTRA Vs. CHRISTINE KELLY

JUDGEMENT

(1.) The State is here against the order of acquittal in a case under section 294 r.w. section 109 I.P.C. This is a case of cabaret at a hotel called "Blue Nile" at Bombay, where the first accused appeared before the diners, according to the prosecution in a manner which would annoy the diners because she was appearing in an obscene dress while dancing. The other three accused are the partners of "Blue Nile" where the cabaret dance had taken place. This appeal came up rather late here because the first accused was absconding. She is still not served with a warrant and, therefore, an order was passed by this Court previously that the appeal against only the three accused should be taken. That is how the appeal against the three others has been taken up today.

(2.) The cabaret dance with which we are concerned took place on 19-12-1970 in the night at about 10.30. Because of certain information to the police P.S.I. Patil along with the independent witness Daulatrai (P.W. 3) and other three Police Officers went to "Blue Nile" after booking a place for five persons. The first accused appeared in the second cabaret at 11 p.m. It is said that she entered dressed in a blue gown and smoking a cigarette. She was moving from table to table playing with hair of different customers who were sitting at the table. She requested some of the diners to remove her clothes and the result was that after five minutes she was left only with her panties and brassiers. She took out her brassiers also later on and left only with her panties. It is alleged that in this condition she was brushing her breasts against the customers and was playing with the hair of different persons who sat there for dinners. After her play was over the Police Officer recorded the statement of one other witness Guruprasad (P.W. 1) who had come there for dinner. They then went to the Police Station along with the accused and recorded the statements of different witnesses. It is in this way that the four accused came to be prosecuted for the offence punishable under section 294 read with section 109 I.P.C.

(3.) All the four accused denied having committed the offence. The first accused said that she was there for cabaret dance but that she did not do anything annoying or obscene as alleged by the prosecution witnesses. The other three accused admitted that they were partners of "Blue Nile" but said that no obscene acts were performed by the first accused there. The learned Magistrate did not believe witness Guruprasad Khanna (P.W. 1) and the independent witness Kothari (P.W. 3) and was not, therefore, willing, to believe the evidence of Police Officers Desai and Patil (P.Ws. 4 and 5). According to him there was no evidence also as regards the annoyance. The result was that he acquitted all the accused. That order of acquittal, therefore, is now challenged here.