HARSH KUMAR,J. - (1.) Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.
(2.) Heard learned counsel for the applicant, learned AGA for the State and perused the record.
(3.) Learned counsel for the complainant-appellant contended that the complainant-appellant is an advocate in District Court and on 26.11.2008, he purchased the Dainik Hindi "i-next" Newspaper for Rs.1/- and when he gone through the calender with the newspaper, he found there some obscene, exposed photographs of women in only shorter cloths, which were sufficient to tend to deprave and corrupt persons and were a social evil; that such a newspaper may not be read with family members and the act of Editor and Publisher in getting the above material printed for the calender comes within the definition of an offence under Section 292 I.P.C.; that the complainant-appellant has proved the charges against the accused by examining himself and one Krishna Kumar Sharma, as witness; that the learned trial court has acted wrongly and illegally in disbelieving the prosecution evidence and acquitting the accused respondent; that it is wrong to say that in the changed scenario of the society and in view of availability of obscene materials on internet, its telecast on various channels of television as well as the materials and photos of the girls with exposure published in certain magzines, was not objectionable or obscene; that the appellant has every hope of success in appeal and by allowing the appeal, the accused-respondent is liable to be convicted for the offence under Section 292 I.P.C.; that the leave to file appeal may kindly be granted to applicant.;