MOHAMMED RAFEEQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him in C.C. No. 489 of 2003 of the Judicial First Class Magistrate Court-II, Perambra. He faced prosecution under Section 292(1)(a) of the Indian Penal Code, and also under Section 3(a) of the Young Persons Harmful Publication Act, 1956, and Section 6 of the Indecent Representation of Women (Prohibition) Act, on the allegation that when the Circle Inspector of Police, Perinthalmanna, conducted a search at his shop at Perinthalmanna on 02.05.2001, he was found possessing so many books containing obscene pictures and articles, for sale. The Circle Inspector seized all these publications as per a mahazar, and arrested the accused. After investigation, the police submitted final report in court.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty when the substance of the accusation was read over and explained to him. The prosecution examined five witnesses, including the Circle Inspector who detected the offence, and proved Exts. P1 to P4 documents in the trial court. The MO1 to MO3 books allegedly containing obscene articles and pictures were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. He projected a defence that he has nothing to do with the shop searched by the Circle Inspector, and he has no connection with the obscene materials seized by the Circle Inspector. The accused did not adduce any evidence in defence.