1. The facts of this case are as follows:
One Hemangini Dasi had a son, Hari Charan Das, by her husband. After her husband died she left the family and lived with one Satya Dawan by whom she had two daughters. Satya appeared to have deserted her and subsequently died. Hemangini is now living as a prostitute in a brothel. The two girls after Hemangini became a public prostitute were 'being brought up respectably at Hari Das's house. They are now of the ages of 12 and 10 years respectively.
2. The Police received an anonymous petition dated the 19th May and in consequence under the provisions of the Calcutta Sup-pression of Immoral Traffic Act, 1923, a search was made and the two girls were discovered living with Hemangini in a public brothel at 14, Rambagan Lane. They were produced before the Honorary Magistrate of the Juvenile Court who has ordered their detention until they attained the age of 18 in a rescue home.
3. Against this order a Rule has been obtained on the sole ground that they were not ordinarily residing in a brothel at the time of their rescue and so they were not living in a brothel within the meaning of Section 4(2) of the Act.
4. The evidence in the records shows clearly that for at least four days before their rescue they were residing in the brothel, even though it was not their ordinary place of residence; and it is said that they were there to look after their mother who, was ill. She could not have been very seriously ill, as soon as they were rescued she was well enough to go to the thana.
5. The only question before us in revision is whether a residence in a brothel for about four days before rescue comes within the meaning of the words 'lives in.' In my opinion it does. The whole purpose of the section is to rescue girls from brothels. These innocent girls lived ordinarily not far off and admittedly were living with their mother in those undesirable: surroundings for several nights before their rescue. The whole purpose of the Act would be frustrated if a girl has to be an ordinary resident before the section can come into operation.
6. I would, therefore, discharge the Rule.
7. On examination of the evidence it appears that arrangements were being made for the girls being married. If there is a bona fide arrangement for the marriage of either of them, there will be nothing to prevent their natural brother, Hari Das or others (excluding Hemangini) interested in them from applying to the Honorary Magistrate to vary his order.
Charu Chunder Ghose, J.
8. I agree.