127-NLR-NLR-V-30-UDAYAR-,POINT-PEDRO-v.-ALFRED.pdf
( 454 )
1989
Present: Drieberg J.
UDAYAR, POINT PEDRO v. ALFRED.
79—P. C. Point Pedro, 7,106..
Obscene language—Charge of using obscene words—Actual words—PenalCode, s. 2S7.
A charge under section 287 of the Penal Code should set out the' actual obscene words alleged to have been used!r
A
PPEAL from a conviction by the Police Magistrate of PointPedro.
Subramaniam, for the accused, appellant.
March 6, 1929. Dbiebekg J.—
The accused was charged with having used obscene words in theCustoms grain shed at Point Pedro, then used as a Polling Booth,to the annoyance of the Presiding Officer and others assembled, knoffence punishable under section 287 of the Penal Code. The accu^dwas brought before the Court, and, on the charge set out above beihgread to him he pleaded guilty. The Magistrate has sentenced himto one month’s rigorous imprisonment, and he says that he hastaken a serious view of the offence, which he says is aggravatedby the fact that it was committed in the presence of officialsengaged in public business. This reason, so far as it goes, is a goodone, but on the other hand nowhere in these proceedings is thereto be found the obscene words which the accused is alleged to haveuttered. – It is absolutely necessary that a charge under section 287 .should set out the obscene words used. In this case it becomes allthe more necessary to know what the words the accused was chargedwith using were, for though the accused may have admitted usingwords that were obscene, they might not have been as offensive asthose which the prosecution alleges he uttered. Such a circumstanceas this would considerably affect the sentence which has to beimposed, but as I have pointed out, quite apart from this, thecharge is defective and the proceedings consequent thereon are bad.
I set aside the proceedings and send the case back for a furthertrial on a charge in which the words alleged to have been used bythe accused should be set out in full.
Sent back.