- (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. G.
(2.) ALLEGATIONS on which the respondent was made to stand his trial under Section 292 I. P. C. were that he was the owner of Shyam Kashi Press and carried on the business 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 written by Poet Kalyan Mal, Ex. 4 Panch Sahayak 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 progeny 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 authorities much earlier.
(3.) 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.;