PUBLIC PROSECUTOR Vs. KANNAMMAL

JUDGEMENT

(1.) This appeal is from the acquittal by the Sessions Judge, on an appeal from a conviction by a Sub-Divisional Magistrate, of one Kannammal, a dasi of Srivilliputtur. The conviction was had under Section 373 of the Indian Penal Code.

(2.) The evidence establishes beyond reasonable doubt the fact that the accused Kannammal adopted the daughter of Ramiah Pillai, her brother s son, the girl being at the time of the adoption below the age of 16 years. The girl and her father no doubt now deny the adoption, but the girl s evidence is not to be relied on, and her father s is entirely discounted by the fact that in 1909, on an occasion on which he had, so far as I can see, no reason to conceal the truth upon this question, he gave evidence to the effect that he had given his daughter in adoption to Kannammal: his explanation of this discrepancy is entirely unsatisfactory and his evidence must be rejected as quite untrustworthy upon this point. The other evidence establishes the fact that the girl. Kuppammal was received in the temple and obtained praszdam as the daughter of Kannammal, that Kannammal alleged that she was her daughter, and that she lived in Kannammal s house and not with her father.

(3.) This I think is enough to prove that Kannammal, if she made no formal adoption accompanied by ceremonies, took possession of the girl from her father and took her to live with her; and that is sufficient to bring her within the section if the girl was under 16 and if the taking was with tha intention that she should be employed or used for prostitution or with the knowledge that she was likely to be so employed or used.