Decided on November 07,1952

In Re: D. Pandurangan And Anr. Appellant
STATE Respondents


Somasundaram, J. - (1.) THE two appellants were tried and convicted by the Chief Presidency Magistrate for an offence under Section 292, I. P. C. and sentenced each to three months' rigorous imprisonment and a fine of Rs. 1,000.
(2.) ACCUSED 2 in the case is the keeper of a Press called "Sri Andal Press". This is situated in 175 Lloyds Road, Royapettah. Accused 1 is the printer and publisher of a book called "Kama Leelai". The book contains pictures of various postures of sexual intercourse with an explanatory note on the opposite page. It is clear from Ex. P. 5 filed in the case that accused 1 printed as many as 700 copies of the book. The two ledgers Exs. P. 2 and P. 3 seized by the police show the number of books sold by accused 1. It is clear therefore from these two documents that accused 1 has printed and published these books for the purpose of sale. In fact, this is not seriously disputed, though it is stated that the sale was intended only for adults. Even so these books were undoubtedly printed and published for sale. The prosecution case is that these are obscene books and therefore fall within the mischief of Section 292, I. P. C. The learned Chief Presidency Magistrate after referring to the various decisions cited before him has in a well considered judgment held that they are obscene. The main question therefore in the appeal is whether these books are obscene within the meaning of the term in Section 292, I. P. C.
(3.) THE word "obscene" is not defined in the Code. The natural and ordinary meaning of the term as given by the dictionaries is this : 'Webster's New International Dictionary: Obscene: Offensive to chastity or modesty; expressing or presenting to the mind or view something that delicacy, purity and decency forbid to be expressed;' impure, as, obscene language, obscene pictures. Oxford New English Dictionary: Obscene : Offensive to modesty or decency; expressing or suggesting unchaste and lustful ideas; impure, indecent, lewd,;

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