NAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.Revision Petition has been filed against the conviction and sentence passed by the Additional Sessions Court (Ad hoc)-II Kalpetta in Crl.Appeal 229 of 2004 dated 31.1.2008.

(2.) Revision petitioner was the accused in C.C.457/2003 on the file of the Judicial Magistrate of First Class-I, Sulthan Bathery. The prosecution case is that on 20.10.2003 at about 16.30 hours the accused was found to be keeping pirated VCDs of 17 Malayalam films, 10 Tamil films and 8 English films, at the video shop by name "Gottago DVDs and VCDs " functioning in building NO.VI/1163 situated on the side of Pulpally-Bathery public road and thereby committed the offence punishable under Secs 7(a) of the Cinematographic Rule II (amendment), 1995, Sec.52A r/w 68A of the Copyright Act, 1957 and Sec.6 r/w 4 of IRWP Act and Sec.292(a) IPC.

(3.) On the side of the prosecution PW1 to 12 were examined and Exts.P1 to P9 were marked. MO1 and 2 were also identified and marked. There was no defence evidence. The trial court found him guilty under Sec.52(A) r/w 68(A) of Copyright Act 1957 and acquitted of charges under Sec.7(a) of the Cinematographic Act and under Sec.292(a) IPC and Sec.6 r/w 4 of Indecent Representation of Woman (Prohibition) Act, 1986 under Section 248(1) Cr.P.C. Against which the Crl.Appeal was filed before the Sessions Court, Wayanad which was made over to Additional Sessions Judge Adhoc-II, Kalpetta. By the impugned judgment the learned sessions judge dismissed the appeal and confirmed the conviction and sentence. Aggrieved by the same the revision petitioner came up in revision before this court.