GANDHI SMARAKA SAMITHI NARASARAOPET Vs. KANURI JAGADISH PRASAD

JUDGEMENT

(1.) This is an appeal preferred by the appellant-complainant challenging the Judgment dated 11-4-1991 in C.C.383/87 passed by the I Addl. Munsif- Magistrate, Narasaraopet acquitting the accused of the offences under Secs. 292 and 293 of the Indian Penal Code and Sections 6 and 7 of the Indecent Representation of Women Act.

(2.) The facts giving rise to the filing of a complaint are briefly as follows:- The complainant is a social organisation the main objects of which are to fight against the evils of communalism and proprating the ideals of the Father of the Nation. The complainant has started agitation against obscene and indecent trends in films and film literature and in the novels. A-1 is printer and published and A-2 is the journalist and Editor of the Weekly, Andhra Jyothi and A-4 is the printers and publishers. A-3 is the writer of novels. Respondents 1 and 2 got printed and published in their weekly Andhra Jyothi the novel, "Kamotsav", written by A-3, from 28-8-1987 onwards. That novel will be read by youngsters who can read and write and by the college and school going children. The novel showed two characters "Keerthi and Jnani" in nude one over the other in a bath room. The novel will undermine the social values and the cultural heritage of our society and the moral values of the individuals. The novel "Kamotsav" through its characters Jnani with various women like Nazill, Parameswar, Anupama, Sivi and Bhairavi and Thrushna has no social value. The publication of this novel is nothing but obscene that the novel promotes drug addiction and increase crimes and the theme is shameful one.

(3.) In support of the case of the prosecution, P.Ws. 1 to 5 were examined and documents Exs.P-1 to P-47 were marked. According to the case of the prosecution, as exhibited through its witnesses P.Ws.1 to 5 and the documents Exs.P-1 to P-47, the novel 'Kamotsav' written by A-3 is bad the theme and depiction of which amount to obscene attracting the provisions of Sections 292 and 293 of the Indian Penal Code and also the provisions of the Indecent Representation of Women Act. However, the learned Magistrate acquitted the accused of the above said offences holding that the novel Kamotsav, written by A-3 and published by A-l, A-2 and A-4, will not attract the provisions of Sec. 292 and 293 IPC and also the 6 and 7 of the Indecent Representation of Women Act, 1986.