DWARAKADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) he petitioner has been convicted of an offence under S.292 (a) IPC. for having publicly exhibited for purpose of sale, books M. O.5 series and for having sold M. Os. 1 to 4 series obscene books.

(2.) On 11-5-60 Pw. 4 a Head Constable attached to the Mattancherry Police Station searched the book shop of the accused and found obscene books kept for sale in the front room of his shop. They were so kept in glass almirahs as to be visible to the public. They were seized under a mahazar Ext. P-3 which is attested by Pw. 3. It has also been proved that the accused had sold similar obsence books M.Os. 1 and 2 to Pw. 1 and M.Os. 3 and 4 to Pw. 2. These facts are not disputed. The learned First Class Magistrate found that the books were obscene books within the meaning of S.292 IPC. and found the accused guilty and has convicted him.

(3.) The principal question for decision is whether these books in question could be said to be obscene coming within the mischief of S.292, IPC. S.292 of the Penal Code provides for punishment for the sale, distributing, exhibiting, etc., of obscene books, but the word obscene has not been defined in the Code.