RAJAN BEHL Vs. STATE

JUDGEMENT

(1.) BY present revision petition, the petitioner has assailed judgment dated 18th May, 2010 and order on sentence dated 21st May, 2010 passed by the appellate court. The petitioner was convicted by the court of learned Metropolitan Magistrate under Section 63 of Copyright Act and under Sections 78 and 79 of Trademarks and Merchandise Act and sentenced to six months rigorous imprisonment under Section 63 of Copy Right Act and 78 and 79 of Trademarks Act apart from fine of Rs.50,000/- under Section 63 of Copyright Act and Rs.1,000/- each under Section 78 and 79 of Trademarks Act.

(2.) ON an appeal preferred by the petitioner, the learned Sessions Judge maintained the conviction of both the accused persons, however, while sentencing, the learned Sessions Judge reduced the sentence of imprisonment from six months rigorous imprisonment to 45 days simple imprisonment both under Section 63 of Copyright Act as well as under Section 78 and 79 of Trademarks Act with the fine as awarded by the trial court. The petitioner in this revision petition has assailed the order of learned Sessions Judge on the ground that findings of court below were against the weight of evidence. There was nothing on record to show that the goods allegedly recovered from front of the shop of the petitioner bearing fake and spurious mark were stocked by the petitioner. There was no evidence on record to show that marks on the goods were fake or spurious. The other grounds raised by the petitioner in the petition show that the petitioner had assailed the order of learned Sessions Judge on merits.