SRIMATI HEMANGINI DASI Vs. EMPEROR

JUDGEMENT

(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 19 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.