DAWOOD Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petition is filed challenging the legality and the propriety of the judgments of the Court of Session Palakkad Division, in Crl.A. No.206/2009, and the Judicial First Class Magistrate-III, Palakkad, in S.T.No.1921/2007, convicting and sentencing the revision petitioner for the offence punishable under Sec. 292 (2) (e) of the Indian Penal Code, 1860. Relevant facts:

(2.) The prosecution case is that, on 17/3/2007, at about 9.00 p.m., the Sub Inspector of Police (PW4) - - of the Palakkad Town South Police Station conducted a search in the shop room of the revision petitioner (accused) and found him displaying obscene books (MOs 1 to 5) for sale. The Police seized the books and registered the crime. PW4, after investigation, filed the final report before the Trial Court alleging the revision petitioner to have committed the offence under Sec. 292(2)(a) of the Indian Penal Code ('IPC'). Trial:

(3.) The prosecution examined PWs.1 to 4 and marked Exts P1 to P3 and MOs.1 to 5 in evidence. The revision petitioner denied the incriminating circumstances put against him by the prosecution under Sec. 313 of the Code of Criminal Procedure, 1973 ('CrPC').