295a prosecution

8/15/2019 295A Prosecution

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It is humbly contented before the Hon’ble court that the video, first uploaded on www.sell-it.com

with the image of Hindu religious idol Gyan Baba Ji in the bacground insulted the religious

beliefs of all the followers of Gyan Baba Ji.

The act was an insult to religious sentiments and was done to outrage the religious feelings:

In the instant case, !.".# owns the domain where the video insulting religious belief of

followers of Baba Ji, was uploaded.

$he immorality and independency of the act can be construed easily by looing at title %Baba Ji

Blesses Happy &ffice 'ouple(. In view of the present conte)t, it would be relevant to analy*e the

limits of decency and morality.

In several cases, the Indian 'ourts while ad+udging a matter relating to obscenity and public

decency and morality have made reference to the test laid down by 'ocburn '.J. in ueen v.

Hiclin, wherein the Judge stated %I thin the test of obscenity is this, whether the tendency of

the matter charged as obscenity is to deprave and corrupt those whose minds are open to such

immoral influences, and into whose hands a publication of this sort may fall. . . . .($he Judge

further remared that %it is necessary a balance should be maintained between freedom of speech

and e)pression and public decency and morality but when the latter is substantially transgressed

the former must give way.(

$he line has to be drawn where the average person belonging to this particular class begins to

feel embarrassed or disgusted at a video depicting their religious idol. It is a settled law that

when the uestion pertains to an individual/s rights versus public welfare, the rights of public at

large prevails as so held in Baragur 0amachandrappa and &rs. v. 1tate of 2arnataa#.

345657 8.0. 9 .B. 96:;

# Baragur 0amachandrappa and &rs. v. 1tate of 2arnataa 4#::


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$he video even led to widespread protests and agitations in masses 9 and does not come under the

ambit of freedom of speech. Hence, there was an insult to religious beliefs of a class of

individuals

The act was done with intention to insult the religious beliefs of the followers of Gyan Baba

Ji.

$here is no doubt that the indecent and immoral act of uploading a pornographic video named

%Baba Ji Blesses Happy &ffice 'ouple( illustrating Gyan Baba Ji, was done with the intention of

outraging religious beliefs of a class of individual.

%It is well settled that the impugned ob+ect has to be viewed as a whole and the malicious intent

of the author has to be gathered from a broader perspective and not merely from a few solitary

lines.(= In the instant case the video uploaded on www.sell-it.com was named %Baba Ji Blesses

Happy &ffice 'ouple(. $he ob+ect of such act can be construed easily by looing at title and

where it is clearly depicted that Baba Ji is endorsing a se)ual activity +ust because there is an

image of Baba Ji in the bacground of the impugned video. $his misconduct of the !.". # >r.

?arhan uereshi, even led to widespread protests and agitations in masses.

$he owner of the website 1ell-it.com, >r. ?arhan uireshi is a >uslim by religion and thus the

video had a tendency to disrupt public order. @s Hindu >uslim riots are prevalent in the country

already.A

@ll the ingredients of section #A@ of the Indian Cenal 'ode are satisfied by committing such

act.6 $he video insulted the religious beliefs of the followers of Gyan Baba+i as there was a

9 @s per the ?.I.0.

= Dmperor v. !evi 1aran 1harma, #5 'r 8J


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public outrage against the deceased. $he title of the video %Baba Ji Blesses Happy &ffice

'ouple( simplifies the wor by clearly showing the ob+ect to defame the religious idol by falsely

saying that the se)ual act was endorsed by Baba Ji. Hence, the act would attract and fall under

section #A@ of the Indian Cenal 'ode.

295a prosecution

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