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Courts cannot read a book and hold that it is obscene if prosecution fails to prove it: Kerala High Court

“Quite surprisingly, the courts below ventured to read the books and conclude that the books are obscene and, thereby, the revision petitioner has committed the offence,” the Court noted further.

The High Court opined that this was an improper and unreasonable exercise. Such an exercise would have been permissible if the witnesses had said anything about the contents of the book and the accused denied the same, but that was not the case here, the Court said.

Source: Barandbench

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