PUBLIC PROSECUTOR Vs. P RAMASWAMI

JUDGEMENT

(1.) THIS appeal is preferred by the Public Prosecutor against the acquittal of the respondent by the Third Presidency Magistrate, Saidapet, Madras, of an offence under Section 295-A, I. P. C.

(2.) THE respondent was the printer and publisher of the Tamil Weekly, "nathikam". He published three articles in Nathiksm on 16-12-1960, 6-1-1951 and 13-1-1961 under the caption "allavin Thandanaiyil Alangolam. " The case for the prosecution is that these articles were published within deliberate and malicious intention of out raging the religious feeling of the Muslims. The purport of the two articles which are relied on by the prosecution is given below.

(3.) THE first article, which appeared in the issue of 16-12-1960, dealt with the punishment of stoning to death prescribed in Koran to persons found guilty of' adultery. The writer criticised the punishment prescribe for the offence and commented that there was inconsistency in the Koran which had made provision for divorce and remarriage and at the same time prescribed such cruel punishment for adultery. The author of the article also pointed out that, though having relationship with: more women than one would be strictly adultery, the Muslims do not punish a person when he goes through the ceremony of nikha and marries four women. The writer in pointing out that the law as enunciated in Koran is not just has also made reference to Allah the God. After observing that, if a married man had relationship with a woman he liked other than his wife, the proper thing would be to allow a divorce and permit the person to -marry the woman he liked, he proceeded to put a question which is as follows: