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Reliance was placed on the judgments of this court in Gopal Godse v. The Union of India & Ors., AIR 1971 Bombay 56; M/s. Varsha Publications Pvt. Ltd. & AJN Anr. v. State of Maharashtra & Ors., 1983 Cri.L.J. 1446 and Anand Chintamani Dighe & Anr. v. State of Maharashtra & Ors., 2002 (1) Bom.C.R. 57 and in Sangharaj Rupawate & Ors. v. Nitin Gadre & Ors.

(Gopal Godse, Special Bench, Bombay High Court.)

k) Section 295-A of the IPC does not penalize any and every act of insult to or attempt to insult the religion or religious beliefs of a class of citizens. There must be a malicious or deliberate intention to outrage the religious feelings of a class of citizens. (Ramji Modi, Balwant Singh, Manzar Khan, Bhagwati Charan Sharma Nagpur High Court, Gopal Godse Special Bench, Bombay High Court.) AJN

l) Intention of the author has to be gathered from the language, contents and import of the offending material.

(Baragur, Gopal Godse Special Bench, Bombay High Court).

m) If the purpose of writing the book was a historical research based on a number of reference books and other material, it would be difficult for the State to contend that simple narration of history would promote violence, enmity or hatred. (Varsha Publications, Special Bench, Bombay High Court.)

n) If the allegations made in the offending article is based on folklore, tradition or history something in extenuation could perhaps be said for the author.

(Baragur)

o) If the writing is calculated to promote feelings of enmity or hatred, it is no defence to a charge under Section 153-A of the IPC that the writing contains a truthful account of past events or is otherwise AJN supported by good authority. Adherence to the strict path of history is not by itself a complete defence to a charge under Section 153-A. (Gopal Godse, Special Bench, Bombay High Court).