M. RAMAMURTHY Vs. STATE OF MYSORE

JUDGEMENT

(1.) THIS is a revision petition against the Judgment of the Principal Sessions Judge, Bangalore, to Criminal Appeal No. 75 of 1953 confirming the conviction under Section 292, I. P. C., but modifying the sentence passed by the Additional First Class Magistrate, Bangalore, in C. C. No. 10 of 1952 -53.

(2.) THE petitioner -accused is the editor of a monthly journal known as 'Kama Kala'. The prosecution case is that the accused -petitioner is distributing and has put into circulation this monthly journal which contains obscene writings and pictures. Eleven copies of the journal of different months have been exhibited in the case and three witnesses were examined for the prosecution and according to them the journal contains obscene writings harmful to youngmen and women. On the other hand, the accused has examined two witnesses of whom one is Dr. Puttanna, a retired Surgeon and who was the Principal of the Medical College and the other gentleman is the well -known author Sri Devadu Narasimha Sastry. The Doctor is of opinion that there is nothing obscene in the pamphlets and that it is fit to be prescribed as a text book in Medical Colleges and Schools. Sri Devadu Narasimha Sastry is of opinion that he has no hesitation in placing these pamphlets in the hands of children of sufficient age.

(3.) THE Indian Penal Code has not defined what is meant by "obscene". In "Manual of Law terms and phrases" by K. J. Aiyar "obscene" is defined as follows : This term is intended in law to denote what is an offence to public moral and decency. The offences against public moral and decency are (1) selling, distributing, importing, or printing for sale, or hire, or publicly exhibiting any obscene book, pamphlet, paper, drawing, painting, representation or figure; (2) Having in possession any obscene book for sale or exhibition; Sections 292 and 293, I. P. C. The test of obscenity according to what has been laid down by Cockburn C. J. in - R. v. Hicklin (1868) 3 QB 360 (A) which is invariably relied on in most of the later authorities on the point is, whether the tendency of the matter charged as obscene is to deprave and corrupt those whose minds are open to immoral influences and in whose hands a publication of this sort may! fall. He also observed that the publication must be regarded as obscene if it is calculated to produce a pernicious effect in depraving and debauching the minds of the persons into whose hands it might come.