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Delhi District Court

Judgment/State vs . Abdul Basit & Anr./ Fir No. ... on 15 October, 2009

IN THE COURT OF SH. DIG VINAY SINGH, ADDITIONAL CHIEF METROPOLITAN MAGISTRATE­
                                                      03 (IPR), ROHINI, DELHI



In re: 

State ...                                                                 COMPLAINANT

VS.

ABDUL BASIT & ANR. .....                          ACCUSED

FIR NO. 161/03

PS: Jama Masjid /IPR

U/S. 63/65/68A OF COPYRIGHT ACT, 1957 & 292 IPC 

DATE OF RESERVATION OF JUDGMENT:                                          15.10.2009

DATE OF PRONOUNCEMENT OF JUDGMENT:                                        15.10.2009 

                                                        J U D G E M E N T 

(a) The serial no. of the case :                              468/3

(b) The date of commission of offence :                       21.05.2003

(c) The name of complainant :                                 Sh. Jasvinder Sharma, AR of Indian Music Industry
                                                   
(d) The name, parentage, residence:                           (1) Abdul Basit s/o Sh. Zulfikar Ahmad
      of accused.                                             r/o H. No. 3214, Gali Hafiz Lukman Phatak, Tolian 
                                                              Turkman Gate, Delhi
                                                              (2) Abdul Malik @ Samir s/o Sh. Mohd. Yasin

JUDGMENT/STATE VS. ABDUL BASIT & ANR./ FIR NO. 161/03/U.S.63,68A OF COPYRIGHT ACT, 1957 & 292 IPC/ CONVICTED/15.10.2009 /Page 1 of 3 d r/o 2790, Gali Gahai, Kucha Chalan, Delhi

(e) The offence complained of/ proved : U/s 63 & 68A of Copyright Act,1957 & 292 IPC

(f) The plea of accused : Initially, pleaded not guilty but subsequently on 15­ 10­09 pleaded guilty on application for plea bargaining

(g) The final order : Convicted.

(h) The date of such order : 15.10.2009.

(i) Brief statement of the reasons for the decision:­

1. The above named two accused were sent up for trial in this case with the case of prosecution that on 21­05­2003 at about 01:30 pm at shop no. 102 and shop no 107, Meena Bazar, Jama Masjid, Delhi respectively the accused were found in possession of 5130 infringed CDs/VCDs/MP3 and 48 pornographic VCDs (Abdul Basit); 358 Cds/VCDs/MP3 and 864 inlay cards (Abdul Malik) respectively of various Hindi movies and songs which were also not containing mandatory particulars as required u/s 52A of Copyright Act.

2. Accordingly, accused Abdul Basit was charged for the offences u/s 63 & 68A Copyright Act, 1957 and u/s 292 IPC and accused Abdul Malik was charged for the offences u/s 63 & 68A of Copyright Act, 1957 on 10.05.2005 to which they pleaded not guilty and claimed trial. Prosecution examined five witnesses till 05­09­2008. Thereafter, the accused preferred application for plea bargaining on 05.09.2008. Pursuant to the said plea bargaining proceedings, one mutually satisfactory disposition was entered into between both the sides on 10­09­2009 and thereafter both the accused pleaded guilty to the charges. Vide separate proceedings conducted, the voluntary nature of plea bargaining application and plea of guilt was ascertained by this Court JUDGMENT/STATE VS. ABDUL BASIT & ANR./ FIR NO. 161/03/U.S.63,68A OF COPYRIGHT ACT, 1957 & 292 IPC/ CONVICTED/15.10.2009 /Page 2 of 3 d and on being satisfied that the accused have voluntarily pleaded guilty for the offences, the accused are convicted for the offence u/s 63 & 68A of Copyright Act, 1957 & 292 IPC. ANNOUNCED IN OPEN COURT ON 15th October, 2009.

(DIGVINAY SINGH) ADDITIONAL CHIEF METROPOLITAN MAGISTRATE­03 IPR, ROHINI, DELHI JUDGMENT/STATE VS. ABDUL BASIT & ANR./ FIR NO. 161/03/U.S.63,68A OF COPYRIGHT ACT, 1957 & 292 IPC/ CONVICTED/15.10.2009 /Page 3 of 3 d