MOHAMMED RAFI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner herein is arrayed as Accused No.4 in FIR registered by the respondent -police in respect of the offence punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 R/w Section 370 of IPC.

(2.) The case of the prosecution is that when P.S.I. raided the place of occurrence, petitioner was found at the place of occurrence with a customer of the brothel. Provisions of Sections 3, 4, 5 and 7 of the Act read thus:

(3.) Punishment for keeping a brothel or allowing premises to be used as a brothel. - (1) Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which shall not be less than three years and not more than five years and with fine which may extend to two thousand rupees.