Decided on October 13,1966



N.G.SHELAT - (1.) This appeal arises out of an order paged on 9-1-1965 by Mr. R. N. Desai Judicial Magistrate First Class Narol in Criminal Case No. 380 of 1904 whereby the respondents-original accused Nos. 1 and 3 and one Natverlal Ramshanker-original accused No. 2 came to be acquitted in respect of the charges levelled against them under secs. 3 4 and 5 of the Suppression of Immoral Traffic in Women and Girls Act 1956 hereinafter referred to as the Act.
(2.) Several residents of Saijpur Dhanushdhar Society situated in the village of Saijpur Bogha sent an application Ex. 7 to the Commissioner of Police City of Ahmedabad stating inter alia that one Bai Radha living in that Society brings girls from outside and runs a brothel and she has been maintaining herself on such income. When she was told not to invite people of immoral character to her house she got excited and abused them. It is that way that they requested the Commissioner of Police to look into the matter and do the needful. It appears that this application was forwarded by him to Mr. Mankad Ex. 8 who was then serving as a Superintendent of Police Crime Branch at Ahmedabad a few days before 1 Mr. Mankad verified the information which he had received as to Bai Radha carrying on a brothel at her house and maintaining herself from such immoral income and then arranged for 8 trap being laid in respect thereof. On the morning of 1-12-1963 he called the panchas and one decoy witness Kishan Ex. 4 and explained to them the purpose for which they were called. Kishan agreed to work as a punter and after ascertaining that he had no money with him he was given Rs. 8.00in all. That amount included the currency note of Rs. 5.00and three currency notes of Re. 1/-each the numbers whereof were noted down in the first part of the panchnama Ex. 3 made in that respect. The punter was told that the Police Head Constable Ratansing would point out one person who has been acting as a tout and who has been waiting near Taj Mahal Hotel at Kalupur in Ahmedabad. He was further instructed to hand over the amount for the charges that would have to be paid for having sexual intercourse with any girl or woman and at the same time he was asked not to have any sexual intercourse with any such woman and that he should keep himself talking with her. The first part of the panchnama was completed and the punter Kishan was asked to go along with one of the panchas Premsing Ex. 2 with that Head Constable Ratansing. Head Constable Ratansing was instructed to go by the same bus by which they were to go. Mr. Mankad and the other panch Bai Shanta and some other police officers had then gone to wait somewhere near Chamunda Char Rasta. The police Head Constable Ratansing was asked to make a sign when the bus taking the punter the other panch and the tout said to be accused No. 3 in the case going towards Saijpur Bogha passed by them. He was also instructed that after Kishan and Premsing entered the house of Bai Radha he should return and inform him about the same.
(3.) Thus the punter Kishan and the panch witness Premsing accompanied by the Police Head Constable Ratansing went to Kalupur by bus. On being shown a person waiting near Taj Mahal Hotel by the Head Constable Ratansing Kishan and Premsing went to that person. That person was accused No. 3 in the case. The evidence of both Premsing and Kishan further shows that they told accused No. 3 that they wanted to enjoy and to that accused No. 3 said that he would take there to Fadeli in Saijpur. The Head Constable was not to accompany them from that place. Then the accused No. 3 accompanied by Premsing and Kishan went by bus to Saijpur Bogha. They were then taken to Fadeli by the back road by accused No. 3 to one house. In the Osri of the house accused No. 1 Bai Radha was found sitting on a bench. Accused No. 3 is then said to have told her that he had brought a customer. Thereupon Kishan asked Bai Radha if there was any good girl and she may be shown to him and that way Bai Radha showed to them two women. They were called by accused No. 1 from the adjoining room. Their names were Bai Kanta and Bai Sumitra. Their evidence further shows that Kishan was asked to select one of them. Kishan also inquired for the charges and he was told that while in respect of one charges were Rs. 5in respect of the other Rs. 8/were being charges. Kishan then selected the woman for whom the charges were Rs 8/-. Bai Radha the accused No. 1 then asked the panch witness Premsing if be had any desire and to that Kishan said that he was his friend and had simply accompanied him.;

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