RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Raj Kumar has filed the present revision petition challenging judgement dated 16.9.2011 passed by learned Additional Sessions Judge, Ludhiana, whereby appeal filed by him against judgement dated 12.7.2008 rendered by JMIC Ludhiana, holding him guilty of having committed offence under Section 63 of Copy Right Act 1957, has been dismissed.

(2.) Shorn of unnecessary details, the allegations as per the complaint lodged at instance of Jaswant Singh are that he was working as Investigator with Indian Music Industries and that Raj Kumar, Varinder Kumar and Rajesh Kumar were indulging in sale of pirated CDs and audio cassettes representing the same to be genuine ones. Pursuant to recording of FIR on the basis of aforesaid complaint, a raid was conducted by police party headed by SI Nirmaljit Singh at the premises of the accused who were found in possession of the CDs and audio Cassettes, alleged to be pirated. At the time of conducting raid, the police party had associated an independent witness namely Sai Dass Sharma and was also accompanied by complainant Jaswant Singh and by Rakesh Kumar.

(3.) Though a common FIR was lodged against all the three accused, but separate challan had been filed against each of the accused and separate trials were conducted. All the three accused were convicted by the learned trial Court vide separate judgments of even date i.e. 12.7.2008. Feeling aggrieved with their conviction, all three accused filed separate appeals. While appeal filed on behalf of Rajesh Kumar was accepted by the Appellate Court on 11.2010, the appeals filed by present petitioner Raj Kumar as well as by Varinder Kumar were dismissed vide separate judgments dated 16.9.2011. Aggrieved with dismissal of his appeal, Raj Kumar has filed the present revision petition.