PERIPOGU MANOHAR Vs. STATE OF ANDHRA PRADESH;REP

JUDGEMENT

(1.) The sole accused in C.C. No.97 of 1997 on the file of the Court of I Additional Judicial I Class Magistrate, Kurnool, who, after trial for the offence punishable under Section 7 (1) (c) of Cinematography Act and Section 292 I.P.C., was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.5,000.00 in default to suffer rigorous imprisonment for three months for the offence punishable under Section 7 (1) (c) of the Cinematography Act, is the petitioner herein. As the appeal filed by the petitioner was dismissed, the present revision is filed.

(2.) The case of the prosecution is that on 25-2-1997 at about 10.30 P.M., on credible information, the Inspector of Police, II Town P.S., Kurnool, along with staff went to 'Sree Rama 70 M.M. Theatre' and found an English movie by name 'The Other Woman' being exhibited to the public and that the petitioner was operating the film from the cabin. On suspicion, the Inspector of Police asked the petitioner to rewind the film from the beginning and accordingly the petitioner re-wound the film and exhibited to them. On seeing the picture, they found the following scenes which are highly objectionable for exhibiting to the public: (1) In the first part of visual, Jessica is moving by exhibiting her breasts; (2) Jessica taking bath by showing her breast in the toilet; (3) Love making scene in the toilet and both the Hero and Heroine were kissing each other; and (4) Bare breasted women taking bath in the toilet, in the meantime hero entered into the toilet and stands nakedly. Jessica went near the hero in the naked shape and kissing his private parts. The police officials found the above obscene incidents exhibited to the public in the said theatre by the petitioner by collecting money. Then, they arrested the petitioner and seized the picture reels. They registered the case against the petitioner and after completion of their investigation, they filed charge sheet.

(3.) In order to prove the guilt of the petitioner, the prosecution examined P.Ws.1 to 4 and got marked Exs. P-1 and P-2. On a consideration of the entire evidence on record, the trial court found the petitioner guilty of the offence punishable under Section 7 (1) of Cinematography Act and accordingly convicted and sentenced him as aforementioned. He, however, acquitted the petitioner for the charge under Section 292 (A) I.P.C.