STATE OF RAJASTHAN Vs. MST. WAHIDA AND ANOTHER

JUDGEMENT

(1.) Though leave to appeal against acquittal of both the accused respondents was granted by this Court, but because Wahida respondent could not be served, therefore this court vide its order dated May 8, 1979 ordered that the appeal against respondent No. 1 Smt. Wahida be consigned to record. Therefore, only the case of accused respondent Sita is to be dealt with.

(2.) The learned Judicial Magistrate, First Class, Jodhpur, acquitted the accused respondent Sita of the charge under Sec. 3(2) of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (hereinafter 'the Act').

(3.) In short, the case of the prosecution is that Smt. Sita respondent m keeps a brothel within the meaning of Sec. 2(2) of the Act and used it for the purposes of prostitution for gain. She took Rs. 2/- from one Mohammed Saddique PW 1 and offered one Wahida to him. When Mohd. Saddique was performing sexual intercourse with Wahida, the police party arrived and both he and Wahida were found in compromising position. A charge-sheet was filed against the respondent Sita under section 7(1) of the Act. After trial, both the accused persons were acquitted of the charge levelled against them.