EMPEROR Vs. SAHEBAVA BIRAPPA

JUDGEMENT

(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.