Judgment :- 1. The petitioner has been convicted of an offence under S.292 (a) IPC. for having publicly exhibited for purpose of sale, books M. 0.5 series and for having sold M. Os.1 to 4 series obscene books. 2. On 11-5-60 Pw. 4 a Head Constable attached to the Mattancherry Police Station searched the book shop of the accused and found obscene books kept for sale in the front room of his shop. They were so kept in glass almirahs as to be visible to the public. They were seized under a mahazar Ext. P-3 which is attested by Pw. 3. It has also been proved that the accused had sold similar obsence books M.Os.1 and 2 to Pw.1 and M.Os. 3 and 4 to Pw. 2. These facts are not disputed. The learned First Class Magistrate found that the books were 'obscene' books within the meaning of S.292 IPC. and found the accused guilty and has convicted him. 3. The principal question for decision is whether these books in question could be said to be 'obscene' coming within the mischief of S.292, IPC. S.292 of the Penal Code provides for punishment for the sale, distributing, exhibiting, etc., of obscene books, but the word 'obscene' has not been defined in the Code. 4. The natural and ordinary meaning of the term as given by the dictionaries is as follows: "Webster's New International Dictionary: Obsence: Offensive to chastity or modesty; expressing or presenting to the mind or view something that delicacy, purity and decency forbid to be expressed; impure, as, obsence language, obscene pictures." "Oxford New English Dictionary: Obscene: Offensive to modesty or decency expressing or suggesting unchaste and lustful ideas; impure, indecent, lewd." It is therefore a question of fact in each case whether a particular book falls within the meaning of this word. 5. In the leading case of Reg. 5. In the leading case of Reg. Hicklin (1868) 3 Q.B.D. 360) Cockburn, C.J. has laid down the test of obscenity as follows: "And I think the test of obscenity is this whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall." Dealing with the work which was the subject matter of the prosecution, the learned Chief Justice has observed: "Now, with regard to this work, it is quite certain that, it would suggest to the minds of the young of either six, or even to persons of more advanced years, thoughts of a most impure and libidinous character." This was approved in R. v. Reiter (1954) 1 All E. R.741) and has uniformly been followed in all the Indian decisions. 6. I might refer to the decision in Shankar and Company v. State of Madras (1955-11 MLJ.106) where his Lordship Rajamannar C. J. following an earlier ruling of Somasundaram, J. in the case in In re Pandurangan (1953-1 MLJ.144) approved the test laid down in Reg v. Hicklin (1868) 3 Q. B. D. 360). In a later case in In re Chandrasekharan (1957-1 MLJ. (Crl.) 731 his Lordship Ramaswami, J. has dealt with the subject exhaustively and held that the test of criminality is whether the matter complained against, tends to deprave and corrupt those whose minds are open to such immoral influences. 7. The decision in Sreeram Saksena v. Emperor (AIR. 1940 Cal. 290) referred to by the learned counsel for the accused dealt with the publication of reproductions which were chosen from books entitled "Perfect Womanhood," "Sun Bathers" etc. The photographs were of women in the nude. It was held that the picture of a woman in the nude is not per se obsence, and it was not disputed by the prosecution in that case that there was anything in the pictures which would shock or offend the taste of any ordinary or decent-minded person. Akram, J. stated: "Unless therefore the pictures are an incentive to sensuality and excite impure thoughts in the minds of ordinary persons of normal temperament who may happen to look at them, they cannot be regarded as obscene within the meaning of S.292 Indian Penal Code". This decision does not help the defence. 8. Akram, J. stated: "Unless therefore the pictures are an incentive to sensuality and excite impure thoughts in the minds of ordinary persons of normal temperament who may happen to look at them, they cannot be regarded as obscene within the meaning of S.292 Indian Penal Code". This decision does not help the defence. 8. The decision of the Lahore High Court in Emperor v. Harnam Das (AIR. 1947 Lah. 383) also does not help the petitioner. It related to an Urudu Book, in which certain passages were objected to as being obscene. The learned judges, applying the test of obscenity laid down by Cockburn, C.J. in Reg v. Hicklin (1868) 3 Q.B.D. 360) held that the passages were not obscene. In the opinion of the learned judges, the book was a serious work intended to give advice to married people, and particularly husbands on how to regulate the sexual side of their lives to the best advantage, that is to say, with a view to promoting their health and mutual happiness. There was no language' "calculated to inflame the passions." 9. An argument was raised that the charge framed is bad in as much as the particular passage in the books characterised as obscene have not been indicated in the charge. Where a person is prosecuted under S.292 no doubt it is better to indicate in the charge in what respect exactly the book is obscene. But if the accused is not prejudiced in his defence and the prosecution maintains that the whole book is obscene mere failure to mention particular passages is not a sufficient reason to interfere in revision. Reference may be made to the decision in Kailash Chandra v. Emperor (AIR. 1932 Cal. 651). This objection does not seem to have been raised at the earlier stages of the proceedings. 10. The learned counsel finally contends that there is nothing in these books which can be regarded as obscene. Whether the book is obscene is a matter in which the court is entitled to rely 011 its own judgment apart from the other circumstances. On a scrutiny of these books, it appears to me that these books are intended to be sold to pruriently minded adolescents all and sundry in order to stir the sex impulses and lead to sexual and impure thoughts. On a scrutiny of these books, it appears to me that these books are intended to be sold to pruriently minded adolescents all and sundry in order to stir the sex impulses and lead to sexual and impure thoughts. It is not necessary to refer in detail to the passages in each of these books. Suffice it to say that I agree with the reasoning and the conclusions of the learned Magistrate that they would come within the purview of S.292, IPC. The conviction is, therefore, correct.. 11. Regarding the sentence it has been pointed out that it was the first time that such prosecutions are launched, that till this seizure nobody had considered these books to be objectionable or that it should not be sold. It is also represented that the accused is a petty dealer in books, that the entire stock of all the objectionable matter had been seized, that there is no prospect of the repetition of the offence and that the sentence is therefore highly excessive. I am not prepared to say that for an offence under S.292, I.P.C. the sentence of a fine of Rs. 200/- is severe or uncalled for, but considering the peculiar circumstances of this case and the undertaking given by the learned counsel for the accused that the accused will not deal in such books hereafter, I am tempted to take a lenient view. I feel that the ends of justice would be met by sentencing him to pay a fine of Rs. 50/ In the result while confirming the conviction the sentence is reduced to one of a fine of Rs. 50/-, & in default to undergo simple imprisonment for two weeks. With this modification the revision petition is dismissed. Under the provisions of S.521 of the Code of Criminal Procedure, I direct the Material Objects 1 to 5, the obscene books, produced in the case to be destroyed.