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1957 Supreme(Mad) 268

SOMASUNDARAM
Public Prosecutor – Appellant
Versus
A. D. Sabapathi – Respondent


Advocates:
The Public Prosecutor (P. S. Kailasam), Appellant in both.
V. Gopinathan and A. S. Krishnamurthi, for Respondent in C.A. No. 470 of 1956.

Judgment

These are appeals against the orders of acquittal passed by the Chief Presidency Magistrate in C.C. Nos. 1156 and 1157 of 1956 on his file. The accused are editor and publisher and printer respectively of a Tamil Weekly known as “Cinema Nesan”. They are charged under section 292, Indian Penal Code, for having published and printed articles which are alleged to be obscene in character. The articles have appeared in the issues of the journal dated 18 th November, 25th November and 9th December of 1955. The articles purport to describe the conduct of several film stars in association with some other persons. In short the allegations in these articles are that the film stars mentioned by him are prostitutes. They give names of several persons with whom the film stars go about, suggesting the relationship between them is anything but fair and honest. The question is whether such an article will come within the definition of obscenity. Obscenity is not defined in the Code. But decisions of our Court clearly show that it should be given its ordinary and literary meaning. The dictionary meaning of the word ‘obscene ‘is repulsive, filthy, loathsome, indecent and lewd. The fact that


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