(1.) HEARD learned Counsel for the applicant. Also heard learned Prosecutor for the State.
(2.) THIS is the Criminal Revision Application preferred by the petitioner/original accused challenging his conviction in criminal case no. 148/S/2004/D passed by Judicial Magistrate, First Class, D -Court, Margao for the offences punishable under Sections 292 of Indian Penal Code and Section 7 of Cinematography Act. For the offence punishable under Section 292 of Indian Penal Code, present petitioner/accused was convicted and sentenced to suffer simple imprisonment for two months and directed to pay fine of Rs. 2,000/ -, in default to undergo simple imprisonment for one month. For the offence under Section 7 of Cinematography Act, he was sentenced to pay fine of Rs. 5,000/ - and in default to undergo simple imprisonment for one month. This judgment and order was challenged before the first appellate Court in Criminal Appeal no. 44/2012. Said Criminal Appeal was finally heard and was dismissed by learned Additional Sessions Judge, South Goa, Margao vide order dated 29/10/2013.
(3.) PRIOR to going to the arguments advanced on behalf of the applicant, the case of the prosecution can be narrated in nutshell as under: