Citations: Zafar Ahmad Khan Vs State, AIR 1963 All 105

Date of Judgment: 13/08/1962

Equivalent Citations: AIR 1963 ALL 105, 1963 CriLJ 273

Case No: N/A

Case Type: Criminal Revision Petition

Petitioner: Zafar Ahamad Khan

Respondent: State

Bench: Hon’ble Justice R Misra

Court:  Allahabad High Court

Statutes Referred:

  • Indian Penal Code, 1860; Section  294

Cases referred:

  • State Vs Thakur Prasad, AIR 1959 All 49

Facts:

  • The applicant Zafar Ahmad Khan of age 16-17, a resident of Havdoi district of Lucknow had addressed two girls of age 16-18, while they were in a halted the rickshaw of Tafazzul, by saying certain words to which the girls resented and scolded him for his misbehaviour.
  • The applicant had got on a rickshaw of Shahansha after seeing the girls got on a rickshaw of Tafazzul. The applicant had asked the driver to follow the girls in the rickshaw. Assuming his passenger to be in relation to the girls, Shahansha followed the girls in the rickshaw.
  • While on the way, Tafazzul’s rickshaw chair falls off the wheel, hence he gets down to set it right
  • Seeing this applicant gets down the rickshaw and approaches the girls and uttered the following:

“Ao meri jan merry rickshey per baithjao main tumko pahunchadoonga main tumhara intizar kar raha hun.”

  • Since his representations were public, the neighbouring people gathered into a crowd at the spot.
  • On hearing this, Shahansha takes the applicant to the police station, to file a report and hands the applicant over to the people.
  • Applicant pleaded not guilty in the court, saying he was falsely implicated to enmity with the local inspector at the police station.

Issues Involved:

  • Whether the words uttered by the applicant amount to ‘obscenity’?

Contention of Petitioner:

The counsel for Petitioner contented that:

  • The applicant had uttered those words (“Ao meri jan merry rickshey per baithjao main tumko pahunchadoonga main tumhara intizar kar raha hun.”), it does not lead to obscenity. There is no statutory definition of the word ‘obscene’.
  • Radin’s Law Dictionary where “obscene” has been defined as: “A term applied to acts or words or representations that shock public ideas of sexual purity or modesty. The test for obscenity has been said to be whether the words would tend to defame the morals of persons who would see the publication by suggesting lewd thoughts and exciting sensual desires.”
  • By Translating into English, the words uttered by the applicant mean: “My sweet heart, Come. Seat yourself on my rickshaw. I will reach you to the place. I have been waiting for you.” Which suggests nothing more than a polite way of addressing.
  • In order to define the word ‘obscene’, one has to take into consideration the surrounding ‘sociated conditions’ which includes the nature of people that comes across this ‘obscenity’. 

Contention of Respondent:

The counsel for Respondent contented that:

  • The two girls were ranging between age 16-18, were young and thus not professionals. They belonged to a respectable Muslim family.
  • The applicant has never had an acquaintance with the girls before, thus he was a stranger to the girls.
  • There was no occasion as such that the applicant had to address the girls.
  • The words addressed by the applicant were clearly offensive to the chastity and modesty of the girls. The words were likely to express and personate to the mind of the hearers, including the girls, something which delicacy, purity and decency forbade to be expressed.
  •  The girls, as also others who were present, must have suffered a moral shock to hear such sensuous words addressed to them by an utter stranger. They were suggestive of unchaste and lustful ideas and were impure, indecent and lewd.

Judgment:

The verdict was passed by the court against the petitioner thus he was guilty of obscenity under Section 294 of the Indian Penal code, 1860. The he was convicted and sentenced 3 months rigorous imprisonment.

The Revision Petition was Dismissed.

Ratio Decidendi:

  • The prosecution took into consideration, the statements of the 3 witnesses that is Shahansha, Tafazzul and 2 rickshaw drivers that were present at the site of the incident.
  • The evidence of the same witnesses also proves that annoyance was caused to them on account of the obscene words uttered by the accused to the girls and the essential ingredient of the offence under Section 294 Indian Penal Code, 1860, ‘annoyance’ is also satisfactorily proved. 
  • Production pf girls was not indispensable and their absence from the witness box does not create any doubt in the prosecution case.

Obiter Dicta:

  • The victims of the offence are mostly modest and shy girls or young women of respectable families. While on the road or passing in the by lanes, prowling desperadoes cut filthy jokes with them and pass indecent sensuous and sarcastic remarks against them.
  • The poor victims dare not protest in order to avoid creating a scene and attracting a crowd at the spot. Publicity of such incidents sometimes leads to injurious effects against the victims themselves inasmuch as it subsequently provides material for groundless scandal and unjustified gossip against their character from interested quarters. The victims, therefore, are compelled as of necessity to silently suffer the disgrace and instinctively leave the spot as quick as they can without disclosing their identity.
  • The offenders being riff-raff and desperate characters, prudence dictates that even respectable passers-by, who happen to hear and see the ugly incident much to their mental anguish, must pretend not to have heard or noticed it and to pass off the place quickly in their own safety.
  • The result is that the offenders indulge in the crime freely and with impunity without any fear of consequence to themselves. The offence hardly ever is brought to the notice of the authorities. In my opinion such an offence, when proved, must be looked upon with utmost severity and should be punished deterrently.

Conclusion:

To conclude, obscenity is often defined as lewd, impure, indecent and shocks the moral sense of man by a disregard of chastity or modesty. It is enough that the obscene act is committed in public and causes annoyance to anybody and not only the victim. The victims are often compelled to suffer silently as they avoid creating a scene and attracting a crowd on the spot. Publicity of such incidents also lead to injurious effects against the victims.

Drafted By: Kimi Kantak, Govind Ramnath Kare College of Law

Edited by: Aashima Kakkar, Associate Editor, Law Insider

Published On: November 04, 2021 at 18:28 IST

Related Post