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| HC directs further trial of porn-CD case | | Trial court order set aside
| | Early Times Reporter
Jammu | Apr 14
Justice JP Singh of J&K High Court Jammu wing, in a criminal reference made by First Additional Sessions Judge Jammu for setting-aside the order of CJM Jammu passed on August 25, 2005 stopping proceedings in a Porno-CD case, has accepted the reference and set-aside the order of CJM Jammu and directed for further proceedings.
1st Additional Sessions Judge has found the order of CJM unsustainable for stopping proceedings u/s 292 RPC and 6/7 Cinematography Act because he had prejudged the prosecution case without affording any opportunity to the prosecution to lead evidence in support of their case.
Justice JP Singh, after hearing AAG BS Salathia appearing for the petitioner and Adv PN Bhat appearing for the respondents and going through the records of the police challan, observed that while directing stopping of proceedings CJM Jammu had observed that there was no material on record to arrive at the conclusion that the accused had been selling obscene books etc and in that view of the matter, no offence u/s 292 RPC had been made out against accused. Application of section 6 of the Cinematography Act had been negated by CJM on the ground that there was no public exhibition of the Cinematography by the accused
Justice Singh referred the statements of some of the witnesses recorded during the investigation, however, indicated that the prosecution witnesses stated in their statements u/s 161 Cr PC that the accused had been using their rented premises for exhibition of pornographic material CDs for the boys and girls who would come to them in the rented room. This portion of the statements of the witnesses thus appears to have escaped the notice of CJM. His finding that there was no material on record, on the basis, whereof it may be said that accused had been indulging in the exhibition of obscene material in the shape of pornographic CDs/films in the rented room, therefore, gets vitiated.
Justice Singh further observed that Magistrate does not appear to have considered the effect of the accused having been found actually watching pornographic films besides possessing material in the shape of electronic gadgets which had been used for exhibition of pornographic material, which too was evidence, which the prosecution had sought to produce to demonstrate the involvement of the accused in the commission of offence u/s 292 RPC and provisions of cinematography Act and do not find any justification of order of CJM stopping the proceedings and accepted the reference made by Session Court and set-aside the order of CJM dated August 25, 2005 stopping proceedings in case State Vs Sushil Koul and ors and proceedings in the police challan shall revive for its trial by the trial court and directed the respondents to appear in the Court on May 3, 2008 for further proceedings. JNF |
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