(1.) In this appeal filed by the State under Section 377 of the Criminal P.C. it is prayed that the sentence imposed by the Chief Metropolitan Magistrate, Bangalore City, on the respondent who was the accused in C. C. No. 3106 of 1977, is contrary to law and the same is to be enhanced.
(2.) At about 7-10 P. M. on 29-11-1977 the Sub-Inspector of Police, S.J. Park Police Station visited the petty shop of the respondent-accused along with pan-chas. He found that the respondent-accused had kept for sale certain books containing obscene (photos) books in Kannada, English, Tamil and Telugu language and certain books containing obscene literature. He seized the same under a panchanama, completed the investigation and placed charge-sheet.
(3.) The learned Chief Metropolitan Magistrate framed a charge against the respondent-accused for the offence punishable under Section 292(2) of the I.P.C. and called upon him to give his plea. The respondent-accused pleaded guilty and the plea was accepted by the Chief Metropolitan Magistrate. On accepting the plea, the Chief Metropolitan Magistrate convicted the respondent-accused under Section 241 Cr. P.C. and sentanc-ed him to pay a fine of Rs. 200/- in de-fault to simple imprisonment for one month.