KONNADAN ABDUL GAFOOR Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This revision petition is preferred by the accused against the judgment in Crl. Appeal 135/05 of the Additional Sessions Adhoc II, Manjeri. He was charge- sheeted in C.C.532/03 before the Judicial First Class Magistrate, Nilambur for offence punishable under Section 292(2)(a) of IPC and under Section 7(a)(i)(ii) of Cinematographic Act 1952. The charge against the accused is that on 25.08.02, at 7.00 pm., the Sub Inspector of Police, Vazhikadavu searched the shop 'Shajahan Videos', door No.1/101 of Vazhikadavu Grama Panchayat and seized 7 obscene Compact Discs from that shop. He registered a case against the accused and after completing investigation, he laid charge before Judicial First Class Magistrate Nilambur.

(2.) During trial, prosecution examined PW1 to PW9 and marked Exts.P1 to P6 as documentary evidence and admitted MO1 in evidence. The learned Magistrate convicted the accused under Section 292 (2)(a) of IPC and sentenced to undergo simple imprisonment for one month and fine of Rs.1000/- with a default sentence of one month and acquitted under Section 7(a)(i)(ii) of Cinematographic Act 1952. Against that, he preferred Crl. Appeal.135/05 before Additional Sessions Court (Adhoc-II), Manjeri, where the conviction and sentence passed by the trial court were confirmed and dismissed the appeal. Being aggrieved by that, he preferred this revision petition.

(3.) Heard both sides and perused the records, which includes the oral and documentary evidence. It appears that both courts did not consider and appreciate the evidence with regard to possession of property. Both courts misread the evidence and had gone under the impression that the revision petitioner was in possession of the shop buildings, which was not established with cogent and convincing evidence. Many facts which ought to have been considered in favour of the revision petitioner were not properly considered and this is a good reason for invoking revisional jurisdiction.