IN RE: S AGARWAL Vs. STATE

JUDGEMENT

(1.) This is a revision under Section 401 of Code of Criminal Procedure, filed by the accused against his conviction under Section 63 of the Copyright Act in C.C. No. 25276 of 1977 on the file of the X Metropolitan Magistrate, Egmore and the sentence of fine of Rs. 1,000 which conviction and sentence were confirmed in C.A. 368 of 1979 on the file of the VII Additional Sessions Judge, Madras.

(2.) The facts are briefly as follows:- The matter arose out of a private complaint preferred by the Gramaphone Company of India (for short the ''Company") alleging that the Petitioner (accused) has infringed the copyright of the Company by recording songs in three films in Cassette tapes and selling the same without the permission of the Company. The prosecution case was that the Petitioner re-produced the songs in cassettes and sold 89 cassettes (M.O. 1 series) thereby committing an offence under Section 63 of the Copyright Act, 1957 (Act 14 of 1957). The Petitioner (accused) pleaded not guilty and contended that the ingredients of the offence have not been made out. The learned Magistrate recorded and found that the Petitioner had infringed the copyright by re-producing the songs in cassettes and therefore, guilty under Section 63 of the Copyright Act. Accordingly, the Petitioner was convicted under the said section and sentenced to pay a fine of Rs. 1,000. On appeal, the learned Sessions Judge confirmed the conviction and sentence and dismissed the appeal. Hence this revision.

(3.) I have heard learned Counsel for both sides and perused the evidence on record and I am satisfied that the conviction is not sustainable on the evidence. My reasons are as follows: Section 63 of the Copyright Act, 1957 runs as follows: