STATE OF U P Vs. KUNJI LAL

JUDGEMENT

(1.) THIS appeal has been filed on behalf of the State of U. P. against the order dated 10th September, 1965 passed by Temporary Sessions Judge, Mathura in Criminal Appeal No. 369 of 1964 acquitting the respondent Kunji Lal of an offence under Section 292, I. P. G.

(2.) ALLEGATIONS on which the respondent was made to stand his trial under Section 292 I. P. C. were that he was the owner of Shyam Kashi Press and carried on the business of publication of books. On 16th of January, 1964 Sri Sarwan Singh of Police Station Kotwali reached his press and found 66 books which are alleged to be obscene. These 66 books were copies of those books which were exhibited in the case as Exs. 1 to 6. These six books were entitled :-

(3.) ONLY point that arises for consideration in this case is whether the books in question were obscene or not. If they are held to be obscene, it is conceded that all the ingredients for an offence under Section 292, I. P. C. would be made out and the respondent would be guilty of an offence under that section.