Public distribution of derogatory literature establishes deliberate and malicious intent to outrage religious feelings under Section 295(A) IPC.

On February 14, 2014, the applicants were allegedly distributing books containing derogatory and insulting statements against the religious beliefs of the Kabir Panthi community near a hospital in village Damakheda

Following a written complaint by Ashwant Das (PW-1), an FIR was registered, and a white-colored book was seized during the investigation

Prior sanction for prosecution under Section 196 of the Cr.P.C. was obtained from the Government of Chhattisgarh on December 15, 2014, and filed with the charge-sheet

The Judicial Magistrate First Class (JMFC), Simga, convicted the applicants under Section 295(A) of the IPC, sentencing them to six months’ simple imprisonment

On appeal, the Additional Sessions Judge, Bhatapara, affirmed the conviction but modified the sentence to "till rising of the Court" with an increased fine of Rs. 3,000/- each

The applicants moved the High Court in revision, contending that the books were not seized from their possession and that the government sanction was not duly proved

1. Whether the act of distributing books containing derogatory remarks against a specific religious community at a public gathering constitutes an offense under Section 295(A) of the IPC

2. Whether the prosecution successfully complied with the mandatory requirement of obtaining and filing a valid sanction under Section 196 of the Cr.P.C.

3. Whether the concurrent findings of conviction by the lower courts warranted interference in a criminal revision

Section 295(A) of the Indian Penal Code (IPC), which criminalizes deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs

Section 196 of the Code of Criminal Procedure (Cr.P.C.), which mandates prior sanction from the State Government before taking cognizance of offenses against religious harmony

The High Court found the testimony of the complainant (PW-1) to be consistent and reliable, noting that he personally witnessed the applicants distributing the books and retained one as evidence

This testimony was corroborated by PW-2 and PW-3 regarding the distribution and seizure of the materials

The Court observed that the Investigating Officer (PW-5) successfully proved the seizure of the book and the receipt of the requisite government sanction dated December 15, 2014, which was filed alongside the charge-sheet

The Court reasoned that distributing such derogatory material at a public religious gathering established the "deliberate and malicious intention" required to satisfy the ingredients of Section 295(A) IPC

The Court held that since the lower courts had recorded concurrent findings of fact based on a proper appreciation of oral and documentary evidence, there was no jurisdictional error or perversity to justify interference in revision

The Court held that the prosecution proved the applicants' guilt beyond reasonable doubt and that all procedural requirements, including the statutory sanction under Section 196 Cr.P.C., were duly satisfied

No order was made as to costs