KHIRODE CHUNDER ROY CHOWFHURY Vs. EMPEROR

JUDGEMENT

(1.) The petitioner has been convicted by the Deputy Magistrate of Cat-tack under Section 292 of the Indian Penal Code for baying printed for sale an obscene book called "Natu Churi" or the "Theft of Tops" and sentenced to pay a find of Rs. 50.

(2.) The book, or rather booklet, consists of 7 small pages and purports to be the composition of one Dina Sundari, said to be an Urya poetess. It purports to deal with an incident in the lives of Radha and Krishna taken from the Urya Haribans, a sacred book of the Uryas. It passed through several editions in print and is said to have been in palm leaf Mss. for about a hundred years. It was registered 15 or 20 times previously without objection and appeared in the Bengal Library Catalogue of books in the Calcutta Gazette as a mythological publication. It was printed in the Star Press of which the petitioner is the proprietor.

(3.) The plea of the accused was that the book is not obscene within the meaning of Section 292 of the Indian Penal Code and that he is not guilty. He was tried summarily by the Deputy Magistrate of Cuttack who, however, recorded the evidence in full. The learned Deputy Magistrate held that the book was obscene and convicted and sentenced him as stated above. A Rule was granted by this Court to show cause why the conviction and sentence should not be set aside, on the ground that the publication complained of is a recognised religious work which has been published in its present form for the last hundred years, and it, therefore, does not fall within the meaning of Section 292, Indian Penal Code.