MOIDU Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was convicted by the trial court for the offence under S. 292 (2) (a) of the Indian Penal Code and was sentenced to undergo imprisonment for two years and to pay a fine of Rs. 1,000/ -. The Sessions court, in appeal, confirmed the conviction, but reduced the sentence to rigorous imprisonment for one year and fine of Rs. 1,000/ -.

(2.) THE Circle Inspector of Police, Tellicherry caught the petitioner around 7p. m. on 25-10-1986 with two video cassettes (M. O. 1 series ). Those cassettes contained tapes for displaying obscene scenes (such cassettes are called blue films ). Petitioner was arrested and the cassettes together with the bag in which they were kept were seized.

(3.) LEARNED Sessions Judge has observed that the possession of any obscene object will prima facie be sufficient to attract the provisions of S. 292. "a person who stands at a public place with two cassettes kept in a bag would certainly have remained there for the purpose of distributing or circulating the same to other individuals". The court may presume the existence of any fact which it thinks likely to have happened regard being had to human conduct in their relation to the facts of the particular case. A person who is in possession of video for blue films can be presumed to be interested either in seeing them displayed or in selling them or distributing them. It cannot be said that the only presumption drawable from possession of such video cassettes is that the possessor intends to sell them or circulate them. Unless there is something more, at least a circumstance, the court cannot come to the conclusion that the person possessed the video cassettes for the purpose of sale or circulation and not for seeing them displayed for himself. For the aforesaid reasons, I cannot sustain the conviction and sentence passed on the petitioner. Hence I allow this revision and set aside the conviction and sentence. I acquit the petitioner and is directed to be set at liberty. . .