( 1 ) THIS appeal is filed by the appellant who has been convicted of an offence punishable under sec. 292 of the Indian Penal Code and sentenced to suffer three months rigorous imprisonment and to pay a fine of Rs. 500/ and in default of payment of fine to undergo one months simple imprisonment by the learned City Magistrate 7 Court Ahmedabad in Criminal Case No. 918 of 1970. Review application has been filed for enhancement of the sentence.

( 2 ) THE appellant was charged in that he in the month of August 1968 printed for sale in the name of Prakash Vardhan a book bearing the title EX SANSKARI GHARNI YUVTINI KHANGI DIARY which is an obscene book. In that it contained the following passages quoted in the sheet attached and thereby committed an offence punishable under sec. 292 of the Indian Penal Code.

( 3 ) MR. G. A. Mehta appearing for the appellant has contended that the appellant was charged for the aforesaid offence having beers committed sometime in the month of August 1968 and he has been tried and convicted by the learned City Magistrate. This sec. 292 of the Indian Penal Code was amended by Amending Act No. 36 of 1969 described as Indian Penal Code (Amendment) Act 1969 that came into force on 7th September 190 Sec. 292 of the Indian Penal Code originally stood as under: whoever- (A) sells lets to hire distributes publicly exhibits or in any manner puts into circulation or for purposes of sale hire distribution public exhibition or circulation makes produces or has in his possession any obscene book pamphlet paper drawing paintings representation or figure or any other obscene object whatsoever or (B) imports exports or conveys any obscene object for any of the purposes fore aid or knowing or having reason to believe that such object will be sold let to hire distributed or publicly exhibited or in any manner put into circulation or (C) takes part in or receives profits from any business in the court of which he knows or has reason to believe that any such obscene objects are for any qt. the proposes aforesaid made produced purchased kept imported exported conveyed publicly exhibited or in any manner put into circulation or (D) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section or that any such obscene object can be procured from or through any person or (E) offers or attempts to do any act which is an offence under this section shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both. After the amendment it stood as under:"292 (1) For the purposes of sub-sec. (2) a book pamphlet paper writing drawing painting representation figure or any other object shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect or (where it comprises two or more distinct items) the effect of any one of its items is if taken as a whole such as to tend to deprave and corrupt persons who are likely having regard to 11 relevant circumstances to read see or hear the matter contained or embodied in it. " (2) Whoever (A) sells lets to hire distributes publicly exhibits or in any manner puts into circulation or for purposes 3f sale hire distribution public exhibition or circulation makes produces or has in his possession any obscene book pamphlet paper drawing painting representation or figure or any other obscene object whatsoever or (B) imports exports or conveys any obscene object for any of the purposes aforesaid or knowing or having reason to believe that such object will be sold let to hire distributed or publicly exhibited or in any manner put into circulation or (C) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid made produced purchased kept imported exported conveyed publicly exhibited