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accused can be charged and tried for an offence independently
under Section 292 IPC even if he has been discharged under
Section 67 of the IT Act. According to him, there is no bar in
law to charge and try for the offence under Section 292 IPC
after discharge from Section 67 of the IT Act. Learned counsel
would further contend that the role of person in charge of the
intermediary is extremely vital as it pertains to sale of obscene
material which is punishable under Section 292 IPC and not
under Section 67 of the IT Act. It is put forth by the learned
counsel that the plea advanced by the appellant is in the
realm of technicalities and on that ground, the order of charge
should not be interfered with.
13.
Dr. Singhvi has taken us through the legislative history
of proscription of obscenity in India. He has referred to the
Obscene Books and Pictures Act, 1856. The primary object of
the said Act was to prevent the sale or exposure of obscene
books and picture. It prohibited singing of obscene songs, etc.
to the annoyance of others. Any person found indulging in the
said activities was liable to pay a fine of Rs. 100/- or to
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