1. This appeal has been filed on behalf of the State of U. P. against the order dated 10th September, 1965 passed by Temporary Sessions Judge, Mathura in Criminal Appeal No. 369 of 1964 acquitting the respondent Kunji Lal of an offence under S.292, I. P. C.

2. Allegations on which the respondent was made to stand his trial under S.292, I. P. C. were that he was the owner of Shyam Kashi Press and carried on the business of publication of books. On 16th of January, 1964 Sri Sarwan Singh of Police Station Kotwali reached his press and found 66 books which are alleged to be obscene. These 66 books were copies of those books which were exhibited in the case as Exs. 1 to 6. These six books were entitled : -
(1) Kamsutra
(2) Rati Rahasya,
(3) Anang Rang
(4) Panch Sahayak
(5) Kamkala and
(6) Suhagraat.
The respondent admitted recovery of these books. He contended that these books were not obscene. According to him they were scientific works meant to give healthy sex education to masses. They were works of eminent writers. He stated that book Ex. 1 was translation of the work of Vatsayan, Ex. 2 was translation of a book written by Koka, known as Rati Rahasya, Ex. 3 was translation of a book entitl