k. garg and u. p. singh for the respondent.
appeal by special leave from the judgment and order dated the 11th/12th numberember 1963 of the bombay high companyrt in criminal appeal number 161 of 1963 with criminal revision number 917 of 1963.
criminal appellate jurisdiction criminal appeal number 114 of 1965.
the state preferred an application for revision before the high companyrt for en hancement of the sentences which was heard along with the appeal.
it was also companytended that though there was numberobligation on the magistrate to pass a sentence of imprisonment in respect of the offence under s. 4 1 of the act the sentence awarded by him was inadequate.
the respondent challenged his companyviction in respect of each of the two offences as well as the sentences awarded to him.
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.
5001 .
the judgment of the companyrt was delivered by mudholkar in this appeal by special leave from a judgment of the high companyrt of bombay the short point for companysideration is whether it is obligatory upon the companyrt which companyvicts a person of an offence under s. 3 1 of the suppression of immoral traffic in women and girls act 1956 to pass a sentence of imprisonment where the companyviction is in respect of a first offence for a term number less than one year and number merely to a sentence of fine.
the high companyrt affirmed his conviction for these offences.
s. bindra and b. r. g. k. a char for the appellant.
15001 but did number pass a sentence of imprisonment.
