KRISHNAMURTHY @ TAILOR KRISHNAN versus PUBLIC PROSECUTOR, MADRAS

Appellant was correctly convicted under s. 3(1) of the Act for keeping a brothel; prior conviction under Madras Act deemed to be under the present Act, thus present conviction is a second conviction warranting enhanced punishment.

Parties: Appellant: Krishnamurthy @ Tailor Krishnan; Respondent: Public Prosecutor, Madras
Jurisdiction: India
Judgment Date: 26 September 1966
Procedural Posture: Criminal Appeal / Appeal by Special Leave From Judgment of High Court
Outcome: Appeal dismissed
Legal Topics: Brothel Keeping, Prostitution, Second Conviction, Suppression of Immoral Traffic in Women and Girls Act

Criminal Law Immoral Traffic Brothel Keeping Prostitution Second Conviction Suppression of Immoral Traffic in Women and Girls Act

Case Brief

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Parties

Krishnamurthy @ Tailor Krishnan

Appellant

Public Prosecutor, Madras

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment of High Court

Legal Issues

1 Whether the facts found make out the offence under s. 3(1) of the Suppression of Immoral Traffic in Women and Girls Act, 1956
2 Whether the present conviction is a second conviction under s. 3(1) of the Act given the prior conviction under the Madras Suppression of Immoral Traffic Act, 1930

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appellant's conviction under s. 3(1) of the Act and sentence of two years' rigorous imprisonment and Rs. 50/- fine upheld as second offender