-A9S0Present : Nagalingam J.
ABEYKOOIST ett al., Appellants,, and KULATUNGA (P. S. 193),
S. C. 413—414—M. M. C. Kandy, 2,111
Brothels Ordinance (Cap. 25)—Prostitute employed in a- brotheil—Does she assist in themanagement of the brothel?—Section 2 (a.).
A woman who is, or is kept, in a, brothel for purposes of consorting with men.cannot be said to assist in the management of the brothel within themeaning of section 2 (a) of the Brothels Ordinance.
1 (1944) 1 A. E. R. 270.
PPEAL from a judgment of the Municipal Magistrate’s Court,Kandy.
Jaymvickte-me, for the accused appellants.
S. IS. TVijesiriha, Crown Counsel, for the Attorney-General.
-Cur. adv. vult.
July 10, 195(>. INagaiangam J.—
The two appellants . were charged, the 1st with having managed abrothel and the .2nd with, having assisted the 1st in the management of it,offences punishable under section 2 (a) of Cap. 25 of the Legislative Enact-ments. After trial they were convicted and the 1st accused was sen-tenced to, pay a fine of Its. 500 and the 2nd accused a fine of Its. 250.There is ample evidence' in the case which supports the finding of. thelearned Magistrate in regard to the 1st accused that she managed a brothel.
The case against the 2nd accused, however, stands on a different footing.The only evidence against' her is that} she was seen by the Police Inspectorwho gave evidence in this case hugging a man who himself gave evidenceand stated that the 2nd accused was a woman who had been given to himby the 1st accused " on his paying the latter a sum of Us. 5. There is.noother evidence against her..
The question that has been raised on her behalf on appeal is whether awoman who is or is kept in a brothel for purposes of consorting with mencan be said to assist in the management of the brothel. The term “ manage-ment ” involves the idea; of administration or. control. A hotel keepermay manage the business of the hotel but can it be said that a chef orwaiter employed by him assists him in the management of the hotel ?I do not think so. A horse-rider may be said to manage a frisky horse'butcan it be said that, the horse itself is assisting the rider in its management.The answer to this question too must be in the negative. If, however, theprosecution had been able to establish that the 2nd accused did performany act in regard to the administration or control of the- brothel, a casemay be said .to have been made out against her; but the mere fact thatshe surrendered her flesh to enable persons who resorted to that placeto gratify their sexual appetite cannot? be regarded as indicating that sheassisted in the management of the brothel.
do not therefore think that the charge against the 2nd accusedhas been established. J set aside the conviction and acquit her. Theappeal of the 1st accused is dismissed.
Appeal of 1st accused dismissed.
Appeal of 2nd accused dllo’wed.
ABEYKOON et al., Apellants., and KULATUNGA (P.S. 193), Respondent
-A9S0Present : Nagalingam J.