JUDGMENT.-This appeal is against the acquittal of the respondent by the Third Presidency Magistrate, Saidapet, Madras, of an offence under section 295-A of the Indian Penal Code.

The respondent was the printer and publisher of the Tamil Weekly ‘Nathikam‘. He published three articles in Nathikam on 16th December, 1960, 6th January, 1961 and 12th January, 1961 under the caption ‘Allavin Thandanaiyil Alangolam.‘The case for the prosecution is that these articles were published with deliberate and malicious intention of outraging the religious feeling of the Muslims. The purport of the two articles which are relied on by the prosecution is given below.

The first article, which appeared in the issue of 16th December, 1960, dealt with the punishment of stoning to death prescribed in Koran to persons found guilty of adultery. The writer criticised the punishment prescribed for the offence and commented that there was inconsistency in the Koran which had made provision for divorce and re-marriage and at the same time prescribed such cruel punishment for adultery. The author of the article also pointed out, that, though having relationship with more women than one would be strictly adultery,

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