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1970 Supreme(Ker) 121

E.K.MOIDU
JACOB – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The revision petitioner is the 1st accused in G.G. 82/70 on the file of the Court of the District Magistrate (Judicial), Calicut. He has been charge-sheeted by the Assistant Superintendent of Police, Kozhikode under S.5(1)(d) and S.7(1) of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act 104 of 1956) which will hereafter be referred to as the Act. The case against the revision petitioner and the 2nd accused, a woman, is that they were found carrying on prostitution in Room No. 10 of the Beach Hotel, Calicut at about 2.30 A. M on the night of 10-3-1970 when the Assistant Superintendent of Police made a surprise raid in the room accompanied by his constables and two witnesses cited as C. Ws. 1 and 2. They were alleged to be caught red-handed in the act of prostitution. When they went to the front side of the room, it was found locked from inside. So, they went on the backside of the room, which was found open and entered into the room through the door, when they found the accused 1 and 2 lying in bed without clothes and carrying on prostitution. They got dressed up and light was put on in the room. The 2nd accused told the Assistant Superintendent o








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