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13. On going through the evidence adduced by the prosecution witness, the evidence of P.W.1 who is C.W.10, one by name Nagaraju, who is the H.P.C. He deposed that he went to Shiv Palace Lodge where prostitution was going on, he went along with C.W.1 and C.W.12 and other staff on 6.1.2016 at 9.30 p.m. That after the raid around 5-6 women, 7-8 men were indulged in prostitution. These women and men were taken to the police station. Further deposed that at the spot Rs.10,000/- cash, condoms were also taken. That nothing was written at the spot. That C.W.1 registered case. This witness was termed as partly hostile and Learned Public Prosecutor has conducted the cross-examination.

17. During the cross-examination of P.W.3, who is the investigating officer in this case. He deposed and denied all the suggestion put to him by the counsel for accused persons. On considering the evidence of this witness, the evidence of this witness has to be corroborated by the evidence of other material witnesses, only then the guilt of the accused persons can be said to have been proved beyond all reasonable doubt.

18. Another Police witness is PW.5, who is CW.1, one by name A.S.Vishwas. He deposed that on receiving credible information he went to the spot at 8.50 p.m to Shiv lodge at N.D.Pet and prostitution was being carried out. That he called for C.W.2 and 3 to be panchaas. That he informed the A.C.P on telephone about the information received and notice was issued to the panchaas. Further he drew the record of rights which is marked as Ex.P.4 and the signature of the witness is at Ex.P.4(a). The notice is marked as Ex.P.5 and the signature of the witness is at Ex.P.5(a). He further deposed that after getting themselves searched they went near the lodge. That three persons ran away looking at them and inside the lodge there were 3 persons. That these men told that they came to get girls for money and the persons who ran away had taken money from them. Further, he deposed that three persons are accused no.9 to 11. That in the second and third floor, there were women and men in the rooms. That when enquired one lady in the room, she told her name as Shalina Begum and informed that one Gangadhar and Madhu paid her Rs.300/- and forcefully involved her in prostitution. That the person who was with Shalina Begum informed his name was Amir Sharif and the persons who ran away had taken Rs.500/- to provide girls. Further this witness has examined the room No.201, 202, 203 and found one Cot in each rooms, 2 and 3 Nirodh Packets and some persons who were indulged in prostitution namely Sathi Sarkar, Arjun, Kareena, had taken amount of Rs.500/- for providing women. Further that witness examined the cashier table and found 5 condom packets, Rs.3850/- cash which was later sealed in a cover and he took the signature of the panchas on the same. The total cash of Rs.3850/- is marked as M.O.1 and 15 condom packets in all are marked as M.O.2. Further Mahazar was drawn for the seized articles which is at Ex.P.1 and witness signature is at Ex.P.1(c). That around 11 p.m the seized articles, victim women and accused persons were taken to the police station and FIR in Crime No.3/2016 was registered. FIR is at Ex.P.6 and witness signature at Ex.P.6(a). Voluntary statements of 7 accused persons was taken which is marked from Ex.P.7 to Ex.P.13. The victim women were sent to State home on 07.01.2016. On 13.05.2016 accused No.4 Shivanna was released on anticipatory bail. Further this witness identified the accused persons and deposed that he submitted the case file for further investigation to one Raju.

Further, as extracted from the depositions of P.W.5. Witness stating that:

" ಮಹತ ಬಕದ ಆಧರದ ಮಲಲ ದಳಯ ಮನಕಚ ನನನ ಪ ಪ.ವ.ವರದ ದಖಲನ ಮಡಲಲ.

ನವಯಲಯದಕದಗಲಲ, ಮಲಲಧಕರಗಳಕದಗಲಲ ಮಹತ ಬಕದ ಬಗಗ ಸರರನ ವರಲಕಟನ ಪಡದಲಲ ಮಹತ ಬಕದ ವರಯನನ ನ ಠಣ ದನಚರಯಲ ನಮಕದನ ಮಡಲಲ. ಸಬಬಕದಗಳಗ ಲಖತವದ ಬರವಣಗ ಮನಖಕತರ ನಕಲಟಸನನಲಡಲಲ."

On considering the evidence of these witness, it goes to show that P.W.2 during the chief examination deposing that he has not seen condoms and mobile at the spot but saw while P.F was drawn. And the panchaa witnesses have completely turned hostile.

List of Witnesses examined on behalf of Accused:

-NIL-

List of Documents exhibited on behalf of Accused:

-NIL-

List of Material Objects marked on behalf of Prosecution:

M.O.1       5 Notes of Rs.500/-
            8 Notes of Rs.100/-
            7 Notes of Rs.50/-
            20 Notes of Rs.10/-
            Total = Rs.3,850/-
M.O.2       15 Condom Packets
M.O.2(a)    Signature of witness




                       (SANDHYA S.)