Criminal Reference No. 10 of 1925. Case: Emperor Vs Sahebava Birappa. High Court of Madras (India)

Case NumberCriminal Reference No. 10 of 1925
JudgesNorman Macleod, Kt., C.J. and Coyajee, J.
IssueIndian Penal Code (Act XLV of 1860) - Section 373
CitationAIR 1925 Bom 478, 1925 (27) BomLR 1022
Judgement DateApril 03, 1925
CourtHigh Court of Madras (India)

Judgment:

Norman Macleod, Kt., C.J.

  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...

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