LexUTTAM SINGH versus THE STATE (DELHI ADMINISTRATION)
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722 trrrAM SINGH v. THE STATE (DELHI ADMINISTRATION) March 21, 1974 (P. K. GosWAMI AND R. S. SARKARIA, JJ.J Pelral Code"-S: 2S2--Sale of playing cards with lt1rid/y obscene 11ake,1 pic1urea-Sentenc_e If severe-If could be released under tlie Probation of ofien .. ders Act, 1958. The appellant was convicted under s. 292 I.P.C. and sentenced to rigorous imprisonme!lt and fine for selling a packet of playing cards portraying on the revC".rse lundly obsccno naked pictures of men -and women in pamographic sexual_ postures. The conviction and sentence was affirmed by the High Court. It ~·as contended that the sentence Wa.$ very severe on the ground that only one single offence had been established and secondly that he might be released under the Probation of Offenders Act, 1958. Dismissing the appeal. HELD :-(i) The appeUant cannot be dealt with leniently in this case. The amendment of section 292 I.P.C. by Act XXXVI of 1969, apart from enlarging the scope of the exceptions. enhanced the penalty. By the amendment the dicho_ tomy of penal treatment was introduced for dealing with the first offenders and the subsequent offenders. Even in the case of first conviction the accused shall be punished with imprisonment. The intention of the legislature was, therefore, mado clear by the amendment of 1969 in dealing with this type of offenders v:hich corrupt the minds of people to whom these objectionable things can easily reach. The corrupting influence of these pictures is. more likely to be upon the younger generation who has got to be protected from being an easy prey to these libidinous appeals upon which this illicit trade is based. [724A-BJ (ii) The appellant cannot be released under s. 4 of the Probation of Offenders Act bavin&' regard to the nature of the offence and the potential danger of th.e appeUanrs activity in the nefarious trade affecting the morals of society, pa:t1- cularly the young. These offences have got to be treated on the same footing as the cases of food adulterators. (724-GJ CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 49 of 1974. A_ B c £ From the Judgment and Order dated the 1st October, 1973 of the f Delhi.High Court at New Delhi in Criminal Appeal No. 170 of 1972. / Gopal Singh and M. S. Grpta, for the appellant. R. N. Sachthcy, for the respondent. The Judgment of the Court was delivered by GOSWAMI, J.- This appeal by special leave is limited only to the G question of sentence in a conviction of the accused-appellant under sec- tion 292, Indian Penal Code. The accused has a shop at Kishan Ganj, Delhi. It is no more in controversy that on 1st ·February, 1972, the· accused sold a packet of playing cards portraying on the reverse luridly obscene naked pictures of men and women in pomograpb~ sexual postures to P.W. 1. This sale was arranged by the police Sub-Inspector (P.W. 4) oit receipt of secret infchnation about the acCQ8Cd uttering H these obscene pictures. On. getting a signal from the purchaser a raid was made in the accused's shop when two more pact.ets. Qf Sllcil ;, ) A n t· • c D E F t .. G H UTTA'[ Sr.;"GH "· DELHI AD~IN; (Goswami,. 1.) 723 obscene cards were also recovered in addition to the packet already sold to. P.W. L The ten-rupee note, which was the price of the said set of playing cards aiid which had been earlier given by ·the Sub· Inspector to P. W. I, was also recovered from the person of· the accused. · · · · At the trial the accused was convicted under. section· 292, Indian Penal Code and sentenced to six months' rigorous imprisonment and to a fine of Rs. 500/·, in default further rigorous imprisonment for three months. The High Court affirmed the conviction as well as the sentence. Hence this appeal. · . . The. learned counsel for the appellant submits that the sentence fr very severe on the ground that only one single sale has been est;iblishcd · in this cas.c and also ·only three packets ·of cards· were recovered fro01· the ·accused. He further submits that the .accused· is entitled to be released on probation under section 4 of the prelJation of Offenders Act, 1958. . - · ' Since obscenity of the playing cards recovered from the a~ciised is not challenged and for the ma_tter of that the conviction under sec- tion 292, J.P.C., it is necessary even for the purpose of appreciating the submission on the ground of sentence tC1 read the definition of ob- scenity under that s
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