JAGDISH CHAVLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. petition is directed against the order dt. 5-2-96 passed by the learned Judicial Magistrate, Sri Ganganagar whereby he read over accusation u/S. 292, IPC to the petitioners.

(2.) The brief facts of the case are that on 17-8-93 Shri Kashi Ram, C.I., received some information and hence he raided house No. 4D-33 in Jawahar Nagar, Sri Ganganagar, which belonged to Charanjit, at 5.30 p.m. There he found hide of a leopard lying. He also noticed that four persons including one lady were viewing obscene film on the television with the help of V.C.R. He, therefore, seized the cassette, television set and the V.C.R. After going to the Police Station, the Circle Inspector registered a case under Section 292, IPC and Section 10 of the Rajasthan Video Film Regulation and Exhibition Act, 1990. On the completion of the investigation, the police submitted a challan against the four petitioners. The learned Judicial Magistrate by the impugned order read over accusation u/S. 292 IPC to the petitioner who pleaded not guilty.

(3.) The contention of Mr. Garg was two fold. One, the allegation that at 6.45 p.m. the petitioners were viewing obscene film on the T. V. screen is absurd as the petitioners could not dare to view obscene film after the Circle Inspector had reached the house at 5.30 p.m. and had booked the petitioners in a case under the Wildlife Act. Two, even on assuming that there was a cassette of obscene film, the petitioners cannot be charged for the offence as they had not kept the same in the house for sale, hire, distribution, public exhibition or circulation.