- (1.) Accused 1 and 2 (Cucla alias Coral Baker and Axena alias K.M. Margaret Fernando), the Appellants herein were convicted under Section 294(a) I.P.C. and each of them was sentenced to pay a fine of Rs. 210/-, by the Seventh Presidency Magistrate, Madras. They were tried along with one S.C. Sethi (accused-3), but he was acquitted.
(2.) The case, against accused 1 and 2 (Appellants) was that both of them were dancing in an obscene manner in Hotel Imperial, Egmore, Madras, in the presence of an audience of 30 persons.
(3.) P.W.1 Jambulingam, Head Clerk in Parry and Company, drawing a salary of Rs. 800/- per month, visited Hotel Imperial on the night of 24th October, 1970 along with his friend Anthony, after seeing an advertisement that a cabaret dance was scheduled to take place at the said hotel. According to him, at the time when they went there, the hall was dimly lit, and it was announced that accused-1 was going to give a dance performance. At about 10-15 p.m. accused-1 came to the hall wearing mini skirt and brassiers. While dancing she stripped her skirts and went about brushing against male members of the audience. Sometimes she also sat near the men at the table. Thereafter, she reached the centre of the hall and removed her jetty and brassiers. In other words, she was almost nude. After accused-1 went in, it was announced that another dancer, namely, accused-2 will dance. Accused-2 then came to the centre of the hall dressed in jetty and brassiers. She was also dancing and brushing against the male members of the audience and when she came to the centre of the hall, she discarded her brassiers and ran away. P.W.1 would say that he was annoyed at the performance of the two dancers (accused 1 and 2) as it was obscene.;