year in default, u/s 376 of IPC , to undergo R.I. for a period of
two years under Section 506 ... appellant has rightly been convicted under
Sections 376 & 506 of Indian Penal Code. However, offence
under Section 292 of IPC is not made
take up the submissions regarding offence under Section
294(b) I.P.C. Section 294(b) IPC reads as follows :
“294. Obscene acts ... under Section 292 IPC
the definition of obscenity under 292(1) IPC can be applied in
a prosecution under Section 294 IPC
under the Indian Penal Code ( IPC , for
short).
2. Petitioner seeks to quash the charge laid
against him under Section 292 ... through the above
provisions, I find that to attract offence under section
292 IPC, there must be public circulation, sale or
distribution
With due regard, in the above case under Sections
292 , 294 of I.P.C. and Sections ... under the I.T. Act is made out,
similar offence under Section 292 of I.P.C. cannot go together for
the reason that
publication of obscene material etc.
MSM,J
WP_17635_2019
9
Section 292 of I.P.C. deals with punishment for sale of
obscene books ... Maharashtra2". In the said judgment, the Apex Court held that
Section 292 of I.P.C. required any material to be taken
Penal Code ( IPC ), Section 452 IPC read with Section 34
IPC, Section 342 IPC read with Section 34 IPC, Section ... IPC, Section 342 IPC read with Section
34 IPC, Section 506 IPC read with Section 34 IPC, and convicted
them
Sections
376 and 506 of IPC, however, the findings recorded by the
trial Court for convicting the accused for offence punishable
under Sections 292 ... passed against the
appellant/accused for offence punishable under Sections
292 and 420 of IPC and under Section 67A of the
Information Technology
2010 FOR
THE OFFENCES PUNISHABLE UNDER SECTION UNDER
SECTION 498, 292 OF IPC .
RESERVED FOR JUDGMENT ON :.11.07.2019
JUDGMENT PRONOUNCED ON : 17.07.2019
2
THIS ... fine
of Rs.1,000/- for commission of offence under Section
292 of IPC read with Section 4 of the Indecent
Representation of Women
under Sections 292(2) , 354-D , 452 and
506 IPC whereas under Section 294 IPC the accused was sentenced to
undergo rigorous imprisonment ... appeal of the convict had set aside conviction under Section 292 , 294
IPC and sentenced him only under Sections
dated 16.6.2008 under Sections
323 / 506 / 34 IPC, however, in FIR No.248 dated 18.9.2008 under
Sections 376 / 511 / 292 / 506 / 34 IPC ... been filed against the brother of Virender Singh
Sehrawat under Section 292 IPC.
Learned counsel for the petitioner has vehemently argued that