DHANISHA Vs. RAKHI N RAJ

JUDGEMENT

(1.) This case has come before us on a reference made by a learned Single Judge of this Court. The learned Single Judge found it unable to accept the views expressed in the decisions in P.T. Chacko v. Nainan Chacko,1967 KerLT 799 and George v. State of Kerala,1968 KerLT 219 regarding the test of 'obscenity' in Section 294(b) of I.P.C. According to the learned Single Judge the meaning given to the word 'obscene' in Section 292 IPC cannot be made applicable to Section 294 IPC. It was observed that a particular meaning given to a particular word for the purpose of a particular provision cannot be applied to another provision. The aforesaid Crl. M.C. has been filed by the accused in C.C. No: 148/2007 of Additional C.J.M. Court, Thiruvananthapuram. That case was taken cognizance on a private complaint filed by the 1st respondent herein alleging commission of offences punishable under sections 294(b) and 504 IPC.

(2.) The petitioner contends that a reading of the complaint itself is sufficient to show that the petitioner has not committed the offences punishable under sections 294(b) and 504 of IPC. Hence she seeks to quash the proceedings C.C. 148/2007 mentioned above.

(3.) Chapter XIV of the Indian Penal Code deals with offences affecting the public health, safety, convenience, decency and morals. Section 292, 293 and 294 come under that Chapter. Section 292 of IPC reads: