HARIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the sole accused in C.C.No.259/1999 on the files of the Judicial Magistrate of First Class-I, Kottayam (for short, the trial court). He faced trial for the offence punishable under Sec. 292(2)(a), (c) and (d) of the IPC.

(2.) The prosecution case, in short, is that on 13/12/1997 at 3 p.m., the accused was found in possession for sale/hire, ten obscene video cassettes at his video shop, namely 'Omega Videos and Communications' situated at House No.4 in Ward No.II of Kuroppada Panchayat.

(3.) Before the trial court, PW1 to PW7 were examined and Exts.P1 to P6 were marked. MOI series, MOII and MOIII were identified. After trial, the trial court found that the petitioner had committed the offence punishable under Sec. 292 (2) (a), (c) and (d) of the IPC, and he was convicted for the said offence. He was sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.2,000.00, in default to suffer simple imprisonment for three months. The petitioner challenged the conviction and sentence of the trial court before the Sessions Court, Kottayam (for short, the appellate court) in Crl.A.No.312/2005. The appellate court confirmed the conviction but reduced the sentence to simple imprisonment for one year and a fine of Rs.1,000.00, in default to suffer simple imprisonment for one month. This revision petition has been filed challenging the judgments of the trial court as well as the appellate court.