JUDGMENT - (1) This is a reference by the Sessions Judge, West Berar Division, Akola, recommending that a charge under section 3 of the Suppression of Immoral Traffic in Women and Girls Act 1956 (No. 104 of 1956), framed against the four opponents Gaya, Saru, Subhadra and Bani by the Sub-Divisional Magistrate, Akola, in Criminal Case No. 82 of 1958 should be quashed. The prosecution case was that on the outskirts of Akola town near the temple of Kala Maroti there is a house of prostitution being run by one Janabai, accused No. 1, who is the mistress of one Brahmanand. On 20-8-1958 the Sub-Divisional Police Officer, City Division, Akola, decided to send a customer into this house. He was Sheikh Kasam. He was given five currency notes of Re. 1/- each in the presence of panchas and ordered to go to the brothel and have sexual intercourse with one of the girls in that brothel on payment. It was the prosecution case that accordingly Sheikh Kasam went to the brothel, talked to Janabai, accused No. 1, and asked for girl or woman for sexual intercourse. Accused No. 1 showed him four girls, the opponents before this Court, and Sheikh Kasam selected the opponents before this Court, and Sheik

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