STATE OF U.P. Vs. KAILASH

JUDGEMENT

(1.) THIS is an appeal directed against an order dated 16 -12 -1963, passed by the learned Temporary Civil and Sessions Judge, Varanasi, allowing the appeal of the Respondent and setting aside his conviction and sentence Under Section 294 IPC.

(2.) THE case against the Respondent, briefly stated, was that on 23 -9 -1963, at about 9 -15 p.m. while he was standing as a short distance from the shop of Chhotey Lal in Mohalla Sankath Mochan he uttered the following words addressing them to girls and ladies who passed nearby to visit the temple:

(3.) IT is contended by the learned Asstt. Govt. Advocate that in the circumstances of the case the words, if held to have been uttered by the Respondent, were amorous and suggestive of sex appeal and therefore, the conviction and sentence Under Section 294 IPC should not have been set aside. It was contended on behalf of the Respondent that the case against him had been framed by the police of Bhelupur and he had been falsely implicated because he had made a complaint against Sri Ram Adhar Rai, the then Sub -Inspector of Police, Bhelupur, to the Inspector -General of Police and certain other officers of the district.