SUBHASH CHAND Vs. STATE OF H P

JUDGEMENT

(1.) By way of present revision petition, petitioner has challenged the judgment passed by the Court of learned Sessions Judge, Hamirpur in Cr. Appeal No. 27 of 2008 dated 10.9.2008 vide which, learned appellate court while dismissing the appeal filed by the present petitioner, upheld the judgment passed by the Court of learned Chief Judicial Magistrate, Hamirpur in Cr. Case No. 22-1 of 2007/40-II of 2007 dated 5.4.2008 whereby learned trial court convicted the accused for commission of offences punishable under Section 68-A of Copyright Act and Section 292 of IPC and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 2,000/- for commission of offence punishable under Section 68-A of Copyright Act and to undergo simple imprisonment for a period of one year and to pay fine of Rs. 2,000/- for commission of offence punishable under Section 292 IPC. Both the substantive sentences of imprisonment to run concurrently.

(2.) The case of the prosecution was that PW6 Sub Inspector Guler Chand, HC Manohar Lal and Constables Sanjeev Kumar and Raj Kumar had gone to Nalti for the purpose of verification of entry in the Daily Diary, Ext. PW6/A, with regard to the factum of accused keeping for sale pirated and pornographic VCDs. As per prosecution, PW2 Sub hash Verma and Ramesh Chand were associated by the police party as witnesses and search of the shop of accused was conducted in the course of which 19 VCDs were recovered out of which 9 were found to be MP-3 and 10 were found to be pornographic. Further as per prosecution these VCDs were sealed in a packet with seal 'H'. The CDs were seized vide seizure memo Ext. PW1/A on which signatures of witnesses Sanjeev Kumar, Suhhash and Ramesh Chand were obtained. Ruqua Ext. PW6/E was prepared and sent to the Police Station, on the basis of which, FIR Ext. PW5/B was registered. Statements of witnesses were recorded as per their versions and site plan was also prepared.

(3.) After completion of the investigation challan was prepared and filed in the Court and as a prima facie case was found against the accused he was charged for commission of offences punishable under Section 68-A of Copyright Act and Section 292 of IPC, to which accused pleaded not guilty and claimed trial.