STATE OF MAHARASHTRA & Ors. v. SANGHARAJ DAMODAR RUPAWATE & Ors.

(vii) The onus to dislodge and rebut the prima facie opinion of the Government that the offending publication comes within the ambit of the relevant offence, including its requirement of intent is on the applicant and such intention has to be gathered from the language, contents and import thereof; (viii) The effect of the words used in the offending material must be judged from the standards of reasonable, strong-minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view. The class Of"readers for whom the book is primarily meant WOUid also be relevant for judging the probable consequenc~s of the writing. [Para 25] [353-B-H; 354-A-H; 355-A-B] Harnam Das vs. State of Uttar Pradesh AIR 1961 SC 1662 - followed.