Judgement

MUDHOLKAR, J. : In this appeal by special leave from a judgment of the High Court of Bombay the short point for consideration is whether it is obligatory upon the Court which convicts a person of an offence under S. 3 (1) of the Suppression of Immoral Trafic in Women and Girls Act. 1956 to pass a sentence of imprisonment where the conviction is, in respect of a first offence, for a term not less than one year and not merely to a sentence of fine. The Presidency Magistrate, Bombay, held the respondent guilty of an offence under S. 3 (1) of the Act for keeping a brothel or allowing the premises in his occupation to be used as a brothel and passed a sentence of fine of Rs. 1,500 but did not pass a sentence of imprisonment. The respondent was also found guilty of an offence under S. 4 (1) of the Act for living on the earning of prostitution and sentenced by him to pay a fine of Rs. 500. The respondent challenged his conviction in respect of each of the two offences as well as the sentences awarded to him. The High Court affirmed his conviction for these offences. The State preferred an application for revision before the High Court for enhancement of the sentences which was he