essential ingredient of offence under section 4 of immoral traffic prevention act
the ownership of kotha by appellant was proved by documentary evidence. Section 4 Sub Section 2 provides that if a person above 18 years of age is proved to be living with, or to be habitually in the company of, a prostitute it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person. From the testimonies of PW-1, 2, 3 & 4 it stands proved beyond reasonable doubt that the appellant was habitually living in company of prostitutes. She was owner of this kotha while PW-1 to 4 were the prostitutes thus, it is to be presumed that she was living on the earnings of prostitution Though the appellant had been living in this kotha for years together, she has not led any evidence to the contrary about her earnings or about her livelihood. She had all opportunities to produce defence evidence and to show that she had some other source of earning but she did not produce any defence evidence. Thus, the trial Court rightly convicted her under Section 4 of ITP Act and sentenced her accordingly.
Delhi High Court
Naseem Bano@Naseem vs The State Of Nct Of Delhi on 17 January, 2011
JUDGMENT
https://www.lawweb.in/2012/08/essential-ingredient-of-offence-under.html
