C MANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a revision petition under Sections 397 and 401 of the Code of Criminal Procedure (the Code for short) and is directed against the judgment of conviction and sentence dated 17-3-1982, passed by the Chief Metropolitan Magistrate, Bangalore in C.C. No. 609/1980 on his file, maintained and affiimed by the learned XI Additional City Civil and Sessions Judge, Metropolitan Area, Bangalore City in Criminal Appeal No. 62 of 1982.

(2.) Under the judgment of conviction and sentence challenged in this revision petition, C.Mani s/o. Chowriswamy-the petitioner has been convicted of the offence punishable under Section 292 IPC , and has been sentenced to suffer simple imprisonment for a period of 6 months and to pay a fine of Rs. 1000/- with a direction to suffer simple imprisonment for a period of one month in default of payment of fine.

(3.) The petitioner who would hereinafter be referred to as the accused and one Suresh C. Shah were tried of the offence punishable under Sec. 292 IPC. on the allegation that on 17-7-1980, Suresh C. Shah the proprietor of 'Sapna Book Stall', Gupta Market, Bangalore had kept many obscene books containing photographs of men and women in different sexual acts both natural and unnatural for sale, and that that the accused as a salesman in 'Sapna Book Stall' ('the book stall' for short), used to sell such obscene books and on 17-7-1980 the accused sold two books marked as Exhibits P1 and P2 titled 'Color Orgie' and 'Party Love' respectively.