H.N.Seth, J. - (1.) THIS appeal has been filed on behalf of the State of U. P. against the order dated 10th September. 1965 passed by Temporary Sessions Judge, Mathura in Criminal Appeal No. 369 of 1964 acquitting the respondent Kunji Lal of an offence under Section 292, I. P. C.
(2.) ALLEGATIONS on which the respondent was made to stand his trial under Sec. 292, I. P. C. were that he was the owner of Shyam Kashi Press and carried on the busi ness of publication of books. On 16th of January, 1964 Sri Sarwan Singh of Police Station Kotwali reached his press and found 66 books which are alleged to be obscene. These 66 books were copies of those books which were exhibited in the case as Exs. 1 to 6. These six books were entitled :-. (1) Kamsutra (2) Rati Rahasya, (3) Anang Rang (4) Panch Sahayak (5) Kamkala and (6) Suhagraat. The respondent admitted recovery of these books. He contended that these books were not obscene. According to him they were scientific works meant to give healthy sex education to masses. They were works of eminent writers. He stated that book Ex. 1 was translation of the work of Vatsayan, Ex. 2 was translation of a book written by Koka, known as Rati Rahasya, Ex. 3 was translation of a book entitled Ananrang writ ten by Poet Kalyan Mai, Ex. 4 Panch Saha yak was translation of a book written by Jyotishivcharya. He stated that Vatsayan lived in the year 200 A. D. Koka in 200 A. D. Jyotishivcharya in 1200 A. D. and Kalyanmal in 1600 A. D. Works of these eminent writers have been translated in several languages. The books Exts. 1 to 4 were meant for married people and were to be used by private circulation. The language used in these books is terse and cannot be understood by children and ordinary persons. Object of these books is to remove the dissensions between husband and wife for proper reproduction of the pro geny and to make the married life happy. The books Exs. 5 and 6 were also meant for married people only. According to him he forwarded copies of each of these books to the Collector as required by Press and Registration Act and to the National Library of Calcutta. Had the books been considered to be obscene an objection to this effect should have been raised by the autho rities much earlier. Only point that arises for consideration in this case is whether the books in question were obscene or not. If they are held to be obscene, it is conceded that all the ingredients for an offence under Section 292, I. P. C. would be made out and the respondent would be guilty of an offence under that Section.
(3.) LEARNED Magistrate recorded the following findings in respect of each of the six books. (1) Ex. 1 - Kamsutra. Its contents were not obscene except the pictures of nude wo men at pages 40, 41 and 80-81. These pic tures are obscene and have no relevance to the text. (2) Ex. II - Rati Rahasya. This book also contains pictures of nude women which has no relevance to the text and were obscene. Moreover at pages 127-130, 141-146 and 161-162, the author had discussed methods for subjugating woman, to increase the reten tion power in man during cohabitation. These passages were also obscene. (3) Ex. Ill - Anang Rang. The book also contained pictures of nude women which had no relevance to the subjecthence rendered the book obscene. These pictures were print ed at pages 16-17, 48-49. At pages 51-60 the author had given some prescriptions which deal with increasing retention power of male during cohabitation, which was most unscientific. Any suggestion made in the book for making a woman reach her climax before the man during cohabitation was for se (sic) obscene. Similarly the description given by the author at pages 76 to 82 to overpower woman was also obscene. The book was therefore held to be obscene. (4) Ex. IV. -- Panch Sahayak. - Printing of the pictures of nude women which had no relevance to the subjectmatter and the prescription given at pages 59-80 which are unnatural and unscientific, meant for widen ing and narrowing the mouth of vagina for purposes of obtaining greater satisfaction during sexual intercourse and increasing the size of the male organ are certainly not matters which deal with healthy sexual edu cation. These things have a tendency to deprave and corrupt the minds of young men in whose hands the book may fall. The book was therefore held to be obscene. (5) Ex. V. Kamkala - Except for the nude pictures which have no bearing on the subjectmatter, there was nothing else in the book which could be described as obscene. Because of the pictures this book was held to be obscene. (6) Ex. VI. Suhagraat - There is noth ing in this book which could be described as obscene. The learned Magistrate accordingly held the books Exs. 1 to V to be obscene and held the respondent guilty of an offence under Section 292, I. P. C. and sentenced him to pay a fine of Rs. 500. He also directed that copies of the book 'Suhagraat' be return ed to the respondent and rest of the books destroyed after the period of filing an appeal against his order was over.;