Prosecution for obscenity (along with rape) for showing prosecutrix an obscene book.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. A. No. 622/2006
For the reasons given above, I am of the considered
view that the appellant has rightly been convicted under
Sections 376 & 506 of Indian Penal Code. However, offence
under Section 292 of IPC is not made out from showing an
obscene book to the prosecutrix in the office of the appellant.
The possession of an obscene book is punishable u/s 292 of
IPC only if it is for the purpose of selling, hiring, distribution,
exhibition or circulation. If an obscene book is just kept in a
house and is not being used for selling, hiring, distribution,
exhibition or circulation, no offence under Section 292 of IPC
is made out.
Therefore, the appellant is not guilty of the
charges under Section 292 of IPC.
Pronounced on: October 13, 2009
NADEEM
Versus
THE STATE
(GOVT. OF NCT OF DELHI)
