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Emperor Vs. Sahebava Birappa - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case Number Criminal Reference No. 10 of 1925
Judge
Reported inAIR1925Bom478; (1925)27BOMLR1022
AppellantEmperor
RespondentSahebava Birappa
Excerpt:
indian penal code (act xlv of 1860), section 373 - prostitution-selling or letting for hire a minor girl-preliminary step of tying talimani, no offence.;the ceremony of tying a talimani to a minor girl, worshipping a basin of water by her and distributing food, is merely a preliminary step before the selling, letting out, or disposing of the girl for the purpose of prostitution, and is no offence under section 372 of the indian penal code 1860. - - the magistrate convicted this accused, but as she was a woman and her character in other ways was not in any way questioned, he proceeded under section 562, criminal procedure code, and ordered her to be let off on probation of good conduct for one year with one surety for rs. 200 and a personal recognizance for a like amount......the accused was charged before the first glass magistrate of muddebihal with letting off for prostitution a minor girl, it appears that a certain ceremony was performed a year and a half ago, which consisted of tying talimani, worshipping a basin of water, and distributing food. the magistrate convicted this accused, but as she was a woman and her character in other ways was not in any way questioned, he proceeded under section 562, criminal procedure code, and ordered her to be let off on probation of good conduct for one year with one surety for rs. 200 and a personal recognizance for a like amount. the district magistrate of bijapur refers the case to this court and asks this court to revise the first class magistrate's order and impose a sentence of imprisonment on the accused......
Judgment:

Norman Macleod, Kt., C.J.

1. The accused was charged before the First Glass Magistrate of Muddebihal with letting off for prostitution a minor girl, It appears that a certain ceremony was performed a year and a half ago, which consisted of tying Talimani, worshipping a basin of water, and distributing food. The Magistrate convicted this accused, but as she was a woman and her character in other ways was not in any way questioned, he proceeded under Section 562, Criminal Procedure Code, and ordered her to be let off on probation of good conduct for one year with one surety for Rs. 200 and a personal recognizance for a like amount. The District Magistrate of Bijapur refers the case to this Court and asks this Court to revise the First Class Magistrate's order and impose a sentence of imprisonment on the accused. If the accused had been found guilty of an an offence under Section 372, Indian Penal Code, no doubt a sentence of imprisonment would have been called for. But the performance of this ceremony does not come within the provisions of Section 372. It has not been proved that the accused sold the minor, or let out the minor to hire, or otherwise disposed of her, with the intent that she should be used for the purpose of prostitution. The ceremony itself may be a preliminary step before the selling, letting out, or disposing of the girl for the purpose of prostitution, but that does not make it an offence under the Indian Penal Code, We, therefore, direct that the conviction be set aside and the bond of the surety released.


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