S.SHESHADRI Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is preferred against the conviction of the petitioner for the offence under Sec. 292(a) of I.P.C and the sentence of imprisonment for two years and fine Rs.2,000.00, imposed by the Chief Judicial Magistrate, Kozhikode, which the appellate court modified, reducing the sentence of imprisonment to one year while retaining the fine of Rs.2,000.00

(2.) In a search conducted at a private library in Kozhikode on 15/2/2000, 370 books containing nude photographs of women and obscene literature, along with a suitcase were recovered by the Sub Inspector and Assistant Sub Inspector of Kasaba Police Station. The petitioner, who was found in that Library, was booked for the commission of offence under Sec. 292(a) of I.P.C and Ss. 3 and 6 of Indecent Representation of Women (Prohibition) Act, alleging that he was the owner and proprietor of the library. Accordingly, after investigation, a final report was laid against the petitioner alleging the commission of the aforesaid offences.

(3.) After evaluating the evidence of prosecution which consisted of the oral testimonies of five witnesses as PW1 to PW5 and six documents as Exts.P1 to P6, in addition to the material objects marked as MO1 and MO2 series, the learned Chief Judicial Magistrate, Kozhikode convicted the petitioner for the commission of the offence under Sec. 292(a) of I.P.C and sentenced him to imprisonment for two years and fine Rs.2,000.00 with a default clause of simple imprisonment for another six months.