Decided on October 03,1952



Ramaswami, J. - (1.) This is a Criminal Revision Case filed against the conviction and sentence of the learned District Magistrate of Tirunelveli in C. C. No. 249 of 1951 and confirmed by the learned Sessions Judge of Tirunelveli in C. A. No. 51 of 1952.
(2.) The short facts are : On information received, from P. W. 5, the Circle Inspector of Police, Tirunelveli Town (P. W. 7) arranged for a raid of the premises bearing door No. 41, Kanagaraya Mudukku Street, Tirunelveli Town, which was said to be run as a brothel by the accused in this case, on the night of 15-11-1951. The Circle Inspector (P. W. 7) was said to have been accompanied by the Sub- Inspector, Tirunelveli Town, and two Search witnesses, of whom P. W. 4 the village Munsif is one and another a Constable. On reaching the southern end of Kanagaraya Mudukku Street P. W. 7 is said to have met P. W. 2, the trap witness in this case. This witness was asked by the Circle Inspector to go to the house of the accused and have sexual congress there with the accused and for this he is said to have been given a marked tenrupee note. P. W. 2 states that he went to the house cf the accused and found there the accused and another woman Lakshmi Ammal. This P. W. 2 is stated to have known this accused for two years. On being questioned as to why he came there he stated that he wanted to have intercourse with a girl there. The accused is stated to have fixed up the engagement with Lakshmi Ammal for Rs. 10 and taken the marked currency note M. O. 1 and kept it tucked up in her waist. Then the accused is stated to have told P. W. 2 that he should wait for a little while as somebody was inside. While this P. W. 2 and Ambujam (accused)' and Lakshmi Ammal were sitting there, the Circle Inspector (P. W. 7), the Sub-Inspector. (not examined), the town village Munsif (P. W. 4) and another are stated to have come there. The Circle Inspector asked P. W. 2 where the currency note was and P. W. 2 is stated to have told the Circle Inspector that it was with the accused. The accused was questioned by 'the Circle Inspector and she produced M. O. 1 from her waist. It is stated that at that juncture another girl inmate of the house Lakshmi Kutti is stated to have come out from inside the kitchen portion with P. W.
(3.) From the upstairs the prohibition Sub-Inspector (D. W. 1) who js also known to P. W. 2 is stated to have come out. P. W. 5 is stated to have also met the Circle Inspector when going out of the accused's house and while the Circle Inspector was coming in from the South Car Street. The stories of P. Ws. 3 and 5 and D. W. 1 are as follows: P. W. 3 states that on the night in question he went to the house of the accused and paid Rs. 5/-to this accused and had intercourse with Lakshmi Kutti, that when he was with her he heard a noise and came out and was questioned by the Police and saw the Circle Inspector being given by the accused not only a ten-rupee note referred to above but also five one-rupee notes which this witness is slated to have given the accused for the hire of Lakshmi Kutti. The version of P. W. 5 is that he is a ryot of Sikkalinarasayan village, 1 1/2 miles from Tirunelveli Town, and that on that night when he was coming from his fields he saw the accused with two girls sitting in her bouse and he hired through accused one of the girls whose name he does not mention and whom he does not identify for Rs. 10/- and paid that Rs 10/-to her and that on getting out he met the Circle Inspector and told him what had happened. The story of D. W. 1 is that on the night he saw P. W. 3 going inside this house with a bag and that he suspected that P. W. 3 was carrying contraband liquor and followed him, that P. W. 3 told him that himself and his wife, whom he showed as Lakshmi Kutti, had come there after a cinema show that he had no contraband with him and that he went upstairs to see if anybody was there and as there was no one there he came down and met the Circle Inspector. This information is completed by the evidence of two other witnesses viz.., P. W. 1 and P. W. 6. P. W. 1 testifies that he resides in Tirunelveli Town and that the house bearing door Nos. 41 and 42 in Kanagaraya Mudukku Street belongs to one Pichaiammal and her daughter, that it has been, left in his possession with a direction that he might let out the house on rent and adjust the rent against a sum of Rs. 150 borrowed by the house-owners from him, that he let out the house to the accused, that he subsequently understood from others that she was running a brothel and he thought of asking her to vacate the house and before he could do so this case was charged. P. W. 6 spoke in examination-in-chief of his knowing that this house was being run as a brothel by this accused and in cross-examination his evidence degenerated into rank hearsay. "The accused has been in that street for six months. Two months ago she occupied her present house. I have not found male visitors there. * * I have not visited the house of accused. I have only heard about her." 3. The case for the accused is that she is being kept by a Police Constable and that it is he who has taken on rent the house in question, that she has not been running a brothel, that P. W. 2. has taken a loan of Rs. 20/- from her, that there has been ill-feeling about its nonreturn, that P. W. 3 is keeping a girl called Pappa and running a brothel, that he (P. W. 3) is giving false evidence to oblige the Police. that P. W. 4, the village Munsif, is a stock Police witness in cases of this nature and that he knows full well that she is being kept by a constable of Panavadali Station and that the house has been taken by him on rent and that P. W. 6 is a visitor of Pappa's brothel run by P. W. 3 and he is giving evidence to oblige P. W. 3 and that she has been falsely implicated. I have already referred to the evidence given by D. W. 1, the Prohibition Sub-Inspector.;

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