HARNAM SINGH AND ASA SINGH Vs. THE STATE

JUDGEMENT

(1.) HARNAM Singh Petitioner aged 70 years, a Mahant of Bunga Sohal in Amritsar and Mst. Rattan Kaur wife of Dewan Singh aged about 40 years resident of Bunga Inder Kaur, Sarai Bazar, Amritsar, were sent up to be tried under Sections 3 and 4 of the Suppression of Immoral Traffic in Women and Girls Act, 1956, for running a brothel and for acting as a pimp for procuring Mst. Rattan Kaur for the purposes of prostitution.

(2.) THE story for the prosecution is that on the 14th of June 1962 Puran Chand was proceeding towards Bunga Solanwala in Amritsar city to have sexual intercourse with Mst. Rattan Kaur. He had received information that she would be available to him on payment of Rs. 10/ -. On the way he came across Mukhtiar Singh and at so a police constable in plain clothes. The police official took Puran Chand to the Deputy Superintendent of Police who also had similar information about the misconduct of Harnam Singh and Mst. Rattan Kaur. Puran Chand told him the purpose of his visit and produced a ten rupee currency note before the Deputy Superintendent of Police which he had to pay to Harnam Singh in order to have sexual intercourse with Mst. Rattan Kaur. The Deputy Superintendent of Police noted down the number of the currency note and returned the same to Puran Chand to go ahead with the deal. Puran Chand went towards the said Bunga and in the presence of Mukhtiar Singh passed the currency note to Harnam Singh whereupon Harnam Singh made Mst. Rattan Kaur available for intercourse to Puran Chand. He was still having intercourse with Mst. Rattan Kaur when the other members of the raiding party went in the room and surprised them. From the search of the person of Harnam Singh the currency note above -mentioned was recovered. On the above allegation Harnam Singh and Mst. Rattan Kaur were sent up for trial under the said Act. Mst. Rattan Kaur was acquitted but Harnam Singh was convicted under Section 4 of the said Act and sentenced to 6 months rigorous imprisonment. Harnam Singh went up in appeal which came up before Shri Brijinder Singh Sodhi, Additional Sessions Judge, Amritsar, who dismissed the same side his order dated the 15th March 1963, against which this revision has arisen.

(3.) FOR the reasons given above I feel that the prosecutions have failed to prove their case against the Petitioner. He is, therefore, given the benefit of the doubt and acquitted.