ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) CRL. R. P. 560/87 is by the second accused in C. C. 53/85 on the file of Judicial Magistrate of First Class, Parur while CRL. R. P. 570/87 is by the third accused, who were found guilty of the offence under s. 292 (2) (a) read with S. 34 IPC.

(2.) ON information that petitioners were exhibiting pornographic pictures, pw, 6 Deputy Superintendent of Police, conducted a raid at or about 8. 30 p. m. on 14-11-84 in premises belonging to pw. 4, and it is said, found petitioners exhibiting video films. pws. 7,9, 10 and 11 too witnessed the exhibition and according to them, what was exhibited was erogenic and capable of arousing purient thoughts in viewers. pws. 1 to 3 were witnessing the exhibition, but turned hostile. pw. 4 deposed that be is the landlord of the premises and pw. 5 stated that the television unit and the video cassette recorder used by petitioners belonged to him. He would also say that accused and himself were running a club. Pw11, seized casettes including cassette No. 16612, which was inside the video cassette recorder. According to him, the premises were under the control and use of accused. The pictures showed nude men and woman in the carnal act. Rape is also depicted. There are also acts, against the order of nature. This is what the courts below found on evidence.

(3.) IT was then argued that there was no exhibition. An expression must be understood, having regard to the age and context in which it is used. Music heard through audio equipments, like gramaphones, stereo speakers and radio transmission may not have been regarded music a few centuries ago. Words must be understood in their contemporary meaning and context. In the words of Holmes, J. in Californea v. Baker (438 U. S. 265), "a word is not a crystal transparent and unchanged: it is the skin of a living thought and may vary greatly in colour and content according to the circumstances and time in which it is used". Sir Kenneth Diplock Courts as legislatures observed as follows: "if courts can identify the target of Parliamentary legislation, their proper function is to see that it is hit, not to record that it has been missed".