SRIDHAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner stands convicted by the trial and appellate courts under Section 34A of the Police Act, 1861 (hereinafter referred to as the 'Act'), inserted by the Police (Orissa Amendment) Act, 1976 and sentence. I thereunder to undergo rigorous imprisonment for a period of three months, for attempting to sell six second class cinema tickets for the evening first show at Jyoti Cinema Hall at Cuttack at about 6 p.m. on July 1, 1978, which was detected by the Sub -Inspector of Police (PW 6), then attached to the Madhupatna police station, who, being accompanied by other police officials (PWs 2 to 5), had raided the premises of that Cinema Hall to detect such anti -social activities. The petitioner was caught red -handed with six tickets (MOs I to VI) and a cash of Rs. 11.20 paise (MO VII) which were seized by PW 6 in the presence of the police officials and PW 1, the booking clerk of the Jyoti Cinema Hall, vide Ext. 1, the seizure list and after arrest, the petitioner was produced at the Madhupatna police station and after a charge -sheet was placed, he was prosecuted for commission of an offence punishable under Section 34A of the Act. His plea was one of denial and false accusation.

(2.) SIX witnesses were examined for the prosecution to establish its case and one witness (DW 1) was examined for the defence to prove that the petitioner had been requested by DW 1 to purchase fifteen tickets for him for that show.

(3.) I thus find that the order of conviction under Section 34A of the Act recorded against the petitioner by the trial court and affirmed by the appellate court was well -founded on facts and in law.