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Adult Nursing Relationship is a type of sexual fetishism (ehofuleqeg.tk lactation). Suckling from the female breast as an expression of close intimacy and mutual.
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It was further held that the anticipated danger should not be remote, conjectural or far-fetched - it should have proximate and direct nexus with the expression and the expression to which objection is W.

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In the facts aforesaid, we do not find the community interest to be in danger. We must confess that we ourselves were not aware of the said meaning till we perused the dictionaries. We have already observed that the ban as sought to be imposed and direction as sought cannot be issued on the basis of what may not be the commonly understood meaning or what may be the meaning in another language which may be found only on looking up on the internet or on perusing the dictionaries.

The petition is totally misconceived and is dismissed; though the facts and circumstances justified imposition of costs but since the petitioners appear to have filed the writ petition for the first time and the Advocate appearing for the petitioners is young, we refrain from doing so. Try out our Premium Member services: Free for one month and pay only if you like it. If you see an ad for fun times, it really means that the author hopes for a casual hookup.

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This one will snort the snow off the slopes. So does California Cornflakes. H stands for heroin. By the time you read this list, it may already be outdated. One Google search will reveal a litany of Craigslist horror stories. But sometimes you can find good deals on slightly used furniture. Check the person out online before you meet. It may reveal all kinds of details about them. Choose a big strong buddy who can fend off trouble. If the post is well-written, includes photographs, a name, and a number, you might be okay. If any words, such as parTy, are spelled strangely, abort.

When a further suggestion was put to him in the course of cross- examination that the book 'Prajapati' had been written only with commercial motive, the witness categorically denied the suggestion saying certainly not. In answer to the suggestion made to Mr. Bose that he was not capable of judging what is good and what is bad in literature his evidence was:. The other witness called on behalf of the accused was Dr. Guha in the course of his evidence said that as part of his duty he had to deliver lectures on Bengali Literature and in addition to that he addressed various literary gatherings and had spoken over the radio and he had also addressed a meeting in the University of Chicago on the works of Rabindra Nath Tagore.

This witness stated that he had written two books till then, one in English and the other in Bengali. It was the evidence of this witness that he had read quite a few books written by Samaresh Bose and he considered him to be a very powerful writer. It is his categorical evidence that he has read the novel 'Prajapati' and he does not consider that book as an obscene one and this novel is not obscene either in part or as a whole.

When certain passages of the book alleged to be obscene by the complainant were pointed out to him to ascertain his views as to whether those passages were obscene, this witness stated that he did not consider the same to be obscene as in his view it is a necessary part of the scheme of the novel which scheme was social criticism with a moral purpose. When asked whether the moral purpose of the novel will come through to the general reader, this witness said in his evidence-.

Naresh Chandra Guha was also cross-examined at length. Various passages which were alleged to be and were considered to be obscene by the complainant were put to this whitens. Naresh Chandra Guha clearly and emphatically refuted that there was any obscenity in any of those passages. The following questions put to the witness and the answers given by him may also be noted: It may be noted that the learned Chief Presidency Magistrate had placed no reliance on the testimony of these two witnesses.

In fact, he has placed no reliance on the oral testimony which was adduced before him. The learned Chief Presidency Magistrate has proceeded to make his own assessment after reading the book, and as stated by him, with an open mind and a number of times. He has observed "Moreover expert knowledge has nothing to do with such cases. Whether a book is obscene or not depends on the interpretation of S. The learned Chief Presidency Magistrate has set out in his judgment the gist of the story and has referred to various aspects and incidents at length for considering whether the book can be said to be obscene.

Dealing with the statement made on behalf of the a. On the basis of the findings on his own appreciation and assessment of the novel on the question of obscenity, the learned Chief Presidency Magistrate came to the conclusion that the novel was obscene within the mischief of S. The learned Single Judge of the High Court has affirmed the view expressed by the learned Chief Presidency Magistrate that the novel in question is obscene and comes within the mischief of s.

It may be appropriate to note some of the observations made by the learned Judge. The learned Judge on the basis of his aforesaid findings and other reasons stated in the judgment affirmed the view of the learned Chief Presidency Magistrate that the novel in question was obscene and the learned Judge passed an order which we have earlier noted, upholding the conviction and sentence, while discharging the Rule.

The correctness of the decision holding the novel to be obscene is the subject matter of challenge in this appeal by special leave before us. Sanghi, learned Counsel appearing on behalf of the appellants, has contended that neither the novel as a whole nor any part thereof can be considered to be obscene within the meaning of S. It is his contention that in various portions of the novel and in particular the marked portions which were considered by the Chief Presidency Magistrate and also the High Court, various slang words might have been used and the description of the incidents including the description of various parts of female body may be verging on vulgarity and may offend sophisticated minds, but the same cannot be considered to be obscene, as the same cannot have any tendency of depraving and corrupting the minds of persons whose minds are open to such immoral influences and the same cannot also suggest to the minds of the young people of either sex or to persons of more advanced years thoughts of any impure and libidinous character.

Sanghi has submitted that the novel depicts the feelings, thoughts, actions and the life of Sukhen who is the hero of the novel and is its main character; and through the speeches, thoughts and actions of Sukhen the novel seeks to condemn and criticise various aspects of life in society now prevailing in its various strata.


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It is his submission that slang words and almost vulgar language had to be used in keeping with the character of Sukhen who was accustomed to the use of only such language. He argues that if different kinds of words, cultured and sophisticated, were to be used in the thoughts, speeches and actions of Sukhen, the entire portrayal of Sukhen's character would become unreal and meaningless.

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It is his argument that true art and literature require that the character sought to be portrayed must be so depicted as to make it real and artistic; and, if for achieving that purpose the language which the kind of person sought to be portrayed indulges in is put into his mouth it does not become obscene. The contention of Mr. Sanghi is that persons brought up in a particular atmosphere or belonging to a particular class of society choose to use particular types of words to which they are accustomed and if any author has to portray the life of any person belonging to any such strata of the society or brought up in that particular environment, the author for appropriately depicting the character of such a person must necessarily employ as a matter of art and literature the words and expressions that such a person whose character is sought to be depicted uses.

Sanghi has argued that in literature as also in life there is a 35 good deal of distinction between obscenity and vulgarity though both may be offensive to any sophisticated mind. It is his submission that it is obscenity in literature which attracts the provisions of S. Sanghi has argued that the word 'obscenity' which is not defined in the Code has come up for consideration in various cases and has been judicially interpreted by various courts including this Court.

It is his argument that this book has a social purpose to serve and has been written with the main object of focussing the attention of persons interested in literature to the various ills and maladies ailing and destroying the social fabric and the author who is a powerful writer has used his talents for achieving the said purpose; and in this connection Mr. Sanghi has referred to the evidence of Budhadev Bose and Dr.

In support of the submissions made, Mr. Sanghi has referred to decisions of this Court and other authorities. Mukherjee, learned counsel appearing for the State, has supported the judgment of the Chief Presidency Magistrate and the High Court affirming the judgment of the Chief Presidency Magistrate. Mukherjee has submitted that the novel has to be judged in the background of the conditions prevailing in the society at the time when the novel was written.

It is his submission that the learned Chief Presidency Magistrate and the learned Judge of the High Court have both read the novel carefully a number of times and on their own appreciation of the merits of the novel they have both come to the conclusion after considering all the submissions which were made on behalf of the accused persons that the novel in question was obscene.

Samaresh Bose And Anr vs Amal Mitra And Anr on 24 September,

Lalit, learned counsel, appeared as an Amicus curiae at the request of the Court. When the matter had earlier been called, nobody had appeared on behalf of the respondents which included the complainant and the State. At that time the Court had requested Mr. Lalit to assist the Court. It appears that the matter had been adjourned and the counsel for the State had appeared thereafter at the subsequent hearing. Nobody, however, had appeared on behalf of the complainant at the hearing of the appeal. Lalit has rendered useful assistance to the Court and he has aptly pointed out with reference to authorities that the position in law appears to be well-settled.

He rightly contends that the real question is the proper application of the well- settled legal principles to the facts of any particular case. Lalit has drawn our attention to various passages complained of as obscene and noticed in the judgments and has 36 fairly submitted that it will be for this Court to decide finally on a proper appreciation of the novel itself as a whole and in parts whether the novel or any part thereof is obscene within the meaning of S.

The Court expresses its appreciation for the assistance given by Mr. This section came to be amended in by Act 36 of and the amended Section reads as follows: It may be noticed that the amended Section to which reference has been made by the High Court in the judgment does not appear to be of any material consequence in deciding this 39 particular case. The amended provision seeks to clarify what may be deemed to be obscene within the meaning of the section, as the word 'obscene' appearing in the section has not been defined in the Section or in any provision in the Act.

The amended provision embodies to an extent in the section itself the import, effect and meaning of the word obscene' as given by courts on interpretation of the word 'obscene'. In the case of Ranjit D. State of Maharashtra , [] 1 S. This Court upheld the constitutional validity of the Section and the question of validity of the said section is, therefore, no longer open and has not been very appropriately challenged in the present case. On the question of interpretation of the word 'obscene' in S. In holding the book Lady Chaterlay's Lover which had come up for consideration before this Court to be obscene this Court held at p.

The question of obscenity of a book within the meaning of S. State of Maharashtra , [] 2 S. In this case a complaint had been filed against the appellant who was an author of short-story entitled Shama which came to be published in the year Diwali Issue of Rambha, a monthly magazine. On the basis of the complaint criminal proceedings been started under S.

The complainant and the State filet appeals against this judgement of acquittal by the Magistrate. The High Court, however, held the accused to be guilty of the charge ant imposed in convicting the accused a fine.

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Against the judgement of the High Court, an appeal hat been preferred to this Court. While dealing with the question of obscenity within the meaning of S. Udeshi's case supra and referred to various observations made therein. This Court observed at p. This is Court held that the book in question was not obscene within the meaning of S. These two decisions of this Court lay down the legal principles to be observed in deciding the question of obscenity within the meaning of S.

As these two decisions of this Court settle the legal principles involved, it does not really become necessary to refer to the other authorities cited from Bar.