BHARAT BHUSHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is revision against the order of Additional Sessions Judge Mansa whereby he maintained the conviction and sentence based upon the accused by the learned Judicial Magistrate, 1st Class, Mansa in case FIR No. 43 dated 9.6.1995 under Section 292/293 IPC of PS Bhikhi. The prosecution case in brief is that on 9.6.1995, ASI Karnail Singh was going to village Bhikhi in connection with patrol duty, along with H.C. Sukhwinder Singh, PHG Amarjit Singh and Jasbir Singh. He received secret information that Bharat Bhushan, accused was exhibiting blue films on T.V. by means of VCR in his shop known as "Garg General Store" situated at Bus Stand Bhikhi to young boys and thus, was corrupting their morals and that if timely raid was conducted at his shop, he could be caught while exhibiting blue films on TV by means of VCR in his shop, known as "Garg General Store", at Bus Stand Bhikhi to the young boys and corrupting their morals. On receipt of this information, he drafted ruqa which was sent to PS Bhikhi on the basis of which case was registered against Bharat Bhushan. On the way, Sukhpal Singh resident of Bhikhi was joined. His shop was raided. Bharat Bhushan accused was found present. His shop had two portions. In the front portion, the articles of general merchandise were kept. In the back portion, blue films were running on the TV by means of VCR. Bharat Bhushan was apprehended. VCR was stopped. Cassette was removed from the VCR, bearing Chasis No. 129, VCR and TV along with two blue films were also taken into possession. On seeing the police, 8-10 boys who were seeing the blue films, were found running away. After investigation the accused was challaned. Accused was charged under Sections 292, 293 IPC.

(2.) ON the conclusion of the trial, vide order dated 9.2.1998, learned Judicial Magistrate, Ist Class, Mansal found the charge under Section 292 IPC proved against the accused. He accordingly convicted him thereunder and sentenced him to undergo R.I. for six months and pay fine of Rs. 200/- and in default of payment of fine, to undergo further R.I. for two months.

(3.) ASI Karnail Singh PW1 stated that on 9.6.1995 he along with HC Sukhwinder Singh, PHG Amarjit Singh and PHG Jagsir Singh were on patrol duty and when they reached the shop of Bharat Bhushan-accused situated at Bus Stand Bhikhi, he saw him exhibiting blue films on T.V. by means of VCR in the back portion of the shop to 8-10 boys. Those boys ran away on seeing the police party. Accused was found standing on the counter of the shop. Blue films being exhibited was the scene of a man and woman in the act of sexual intercourse. Learned counsel for the petitioner submitted that none of those boys has been produced nor has it come in evidence as to what was the age of those boys i.e. whether they were mature or they were raw. He further submitted that Sukhpal Singh was not produced at the trial and the prosecution case hinged only on the statement of ASI Karnail Singh, Blue films Ex. P.1 and P.2 were taken into possession. Learned counsel for the petitioner submitted that ASI Karnail Singh has stated in cross-examination that when he conducted the raid no one was witnessing the film. Suffice it to say, that ASI Karnail Singh has stated that when the police party raided the shop of the accused, an obscene film was being exhibited on TV by means of VCR in which a man and woman were seen in the act of sexual intercourse. He has stated that he saw that film for two minutes. He also stated that on seeing them, 8-10 boys who were seeing that blue film, ran away. Section 292 of Indian Penal Code read as under :-