LAXMI MARUTHI YELKERI Vs. STATE

JUDGEMENT

(1.) The applicants were convicted under Section 8 for soliciting prostitution.

(2.) It is the case of the prosecution that on the day of the incident, as Seva Das and party came near the house one of the applicants said to one of the panch witnesses the words "ya mure corrumhea mure". According to the prosecution these words constitute soliciting prostitution.

(3.) The prosecution examined P. W. 2 the panch witness who accompanied the search party but did not examine the panch witness, to whom, according to the prosecution the words were uttered. It is not stated specifically who was the accused-applicant who uttered the words. It is argued by Shri Anacleto Viegas that besides the lacuna caused by the fact that the very witness to whom the words were addressed had not been examined, there is a fact that the words "ya mure corrumhea mure" are not sufficient to indicate that there was any soliciting. I agree with Shri Viegas. The failure of the prosecution to examine the person to whom the words were addressed also creates a doubt the benefit of which should go to the applicants.