PARAKKAT NASEER Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision has been preferred against the judgment dtd. 21/10/2015 in Crl.Appeal No.457/2011 on the file of the Court of Session, Thalassery, confirming the judgment of conviction and sentence passed against the appellant in C.C.444/2007 convicting him under Sec. 52A r/w 68A of the Copyright Act and sentencing him to undergo simple imprisonment for a period of one year and to pay fine of Rs.2,000.00 and in default to undergo simple imprisonment for two months.

(2.) The prosecution case is that on 9/12/2006 at about 2.00 pm, when the SHO Thalassery police station searched the premises of the shop by name 'Chaplies Media Studio' situated at Logans road, Thalassery, belonging to the accused, six numbers of CDs of Malayalam movies were found displayed near the reception counter, which did not contain the details like the names of the manufacturer, copy right owner, declaration etc. as required under Sec. 52A of the Copyright Act and as such the accused alleged to have committed the offence punishable under Sec. 68A of the aforesaid Act.

(3.) The evidence in the case consists of the oral testimonies of PWs1 to 6 and Exts.P1 to P8. MO1 series CDs were also identified. After appreciating the available evidence, the Judicial First Class Magistrate, Thalassery found the accused guilty of the offence under Sec. 52A r/w 68A of the Copyright Act and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.2000.00 and in default to undergo simple imprisonment for two months. In appeal, the Sessions Judge, Thalassery, confirmed the conviction and sentence passed by the trial court. It was in the above context that the accused preferred this revision raising various contentions.