UTTAM SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal by special leave is limited only to the question of sentence in a conviction of the accused appellant under Section 292, Indian Penal Code. The accused has a shop at Kishan Ganj, Delhi. It is no more in controversy that on 1st February, 1972, the accused sold a packet of playing cards portraying on the reverse luridly obscene naked pictures of men and women in pornographic sexual postures to P.W. 1 This sale was arranged by the police Sub-Inspector (P.W. 4) on receipt of secret information about the accused uttering these obscene pictures. On getting a signal from the purchaser a raid was made in the accused's shop when two more packets of such obscene cards were also recovered in addition to the packet already sold to P.W. 1 The ten-rupee note, which was the price of the said set of playing cards and which had been earlier given by the Sub-Inspector to P.W. 1, as also recovered from the person of the accused.

(2.) At the trial the accused was convicted under Section 292, Indian Penal Code and sentenced to six months' rigorous imprisonment and to a fine of Rupees 500/-, in default further rigorous imprisonment for three months. The High Court affirmed the conviction as well as the sentence. Hence this appeal.

(3.) The learned counsel for the appellant submits that the sentence is very severe on the ground that only one single sale has been established in this case and also only three packets of cards were recovered from the accused. He further submits that the accused is entitled to be released on probation under Section 4 of the Probation of Offenders Act, 1958.