STATE Vs. A SUBRAMANI

JUDGEMENT

(1.) The State has preferred this Criminal Appeal seeking for enhancement of the sentence imposed on the Respondent, who is convicted by the learned XI Metropolitan Magistrate, Saidapet, Chennai, for an offence under Section 63 of the Copyright Act.

(2.) The learned Government Advocate (Crl. Side) submits that P.W.1 was examined and the accused has also not denied his offence and pleaded guilty and sentenced only to undergo twelve days simple imprisonment and to pay a fine of Rs. 1,000/-, in default, to undergo simple imprisonment for two months for the offences under Section 63 of the Copyright Act. It is further submitted that the trial Court had not imposed adequate sentence on the accused. As per Section 63 of the Copyright Act, the minimum sentence to be imposed is not less than six months and fine also should not be less than Rs. 50,000/-. But the learned Magistrate had imposed only twelve days imprisonment and imposed a fine of Rs. 1,000/- which is against the provision under Section 63 of the Copyright Act.

(3.) This Court has considered the submissions made by the learned Government Advocate (Crl. Side) appearing for the State and also prsued the materials available on record.