BHOGILAL HARILAL DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the appellant who has been convicted of an offence punishable under sec. 292 of the Indian Penal Code and sentenced to suffer three months rigorous imprisonment and to pay a fine of Rs. 500/ and in default of payment of fine to undergo one months simple imprisonment by the learned City Magistrate 7 Court Ahmedabad in Criminal Case No. 918 of 1970. Review application has been filed for enhancement of the sentence.

(2.) The appellant was charged in that he in the month of August 1968 printed for sale in the name of Prakash Vardhan a book bearing the title EX SANSKARI GHARNI YUVTINI KHANGI DIARY which is an obscene book. In that it contained the following passages quoted in the sheet attached and thereby committed an offence punishable under sec. 292 of the Indian Penal Code.

(3.) Mr. G. A. Mehta appearing for the appellant has contended that the appellant was charged for the aforesaid offence having beers committed sometime in the month of August 1968 and he has been tried and convicted by the learned City Magistrate. This sec. 292 of the Indian Penal Code was amended by Amending Act No. 36 of 1969 described as Indian Penal Code (Amendment) Act 1969 that came into force on 7th September 190 Sec. 292 of the Indian Penal Code originally stood as under: Whoever-