Delhi District Court
State vs . Kapil on 31 August, 2012
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IN THE COURT OF SH. DAVENDER KUMAR JANGALA: ACMM/NW,
ROHINI
COURTS: DELHI.
FIR No. 482/01
PS Model Town
U/s 63/64A/68A C.R.Act
State Vs. Kapil
JUDGMENT
A) Sl. no. of the case : 37/3
B) The date of commission : 16.08.2001
of offence
C) The name of the complainant : J.P.Sharma Chairman of
Intellectual Detective (P) Ltd.
D) The name & address of accused Kapil
S/o Sh. Om Prakash
R/o H.No. 1/9, Pocket O14, Sector
7, Rohini, Delhi
E) Offence complained of : U/s 63/68A Copyright Act
F) The plea of accused : Pleaded guilty on 31.08.2012
G) Final order : Convicted
H) The date of such order : 31.08.2012
Date of institution : 15.01.2003
Date of decision : 31.08.2012
FIR No. 482/01 Page No. 1/5
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THE BRIEF REASONS FOR THE JUDGEMENT:
Accused Kapil has been sent up for trial on allegations that on 16.08.01 at about 5.30 pm at Shop No. 18, F14/26, Model Town, Delhi, he was found in possession of 543 pirated VCDs of Super Cassettes Company containing different English and Hindi movies and those VCDs were not containing the mandatory requirement of Section 52A of Copyright Act and thus thereby committed an offences punishable U/s 63/68A Copyright Act.
After complying with provisions of Section 207 Cr.P.C. and after hearing arguments on charge, a charges U/s 63/86A Copyright Act was framed against the accused on 20.08.2012 to which accused pleaded not guilty and claim trial.
To prove its case, prosecution has examined PW1 HC Harish Chander. He proved the copy of FIR Ex.PW1/A and endorsement on rukka Ex.PW1/B. The accused during evidence submitted that he wants to plead guilty to the charge framed. In view of the submission of the accused, prosecution evidence was closed.
Statement of accused was recorded u/s 281 Cr.P.C and all the incriminating evidence has been explained to the accused. The accused voluntarily admitted all the incriminating evidence against him and submitted that FIR No. 482/01 Page No. 2/5 3 he does not want to lead any evidence.
I have carefully perused the material available on record and have gone through the submissions of Ld. APP for the State as well as of Ld. Counsel of the accused.
In view of the material on record and considering the voluntarily pleading of guilt made by the accused, he is convicted for the charges framed u/s 63/68A Copyright Act. Accused Kapil is convicted accordingly. Let he be heard on the point of sentence.
Announced in open Court (D.K.Jangala) dated: 31.08.2012 Addl. Chief Metropolitan Magistrate Rohini, Delhi FIR No. 482/01 Page No. 3/5 4
IN THE COURT OF SH. DAVENDER KUMAR: ACMM/NW, ROHINI: DELHI FIR No. 482/01 PS Model Town U/s 63/68A Copyright State Vs. Kapil 31.08.2012.
ORDER ON SENTENCE
Present: Ld. APP for the State.
AR of complainant in person.
Convict namely Kapil in person.
Heard.
It is submitted by convict that he has made payment of Rs. 15,000/ to the AR of complainant. Therefore, lenient view may kindly be taken.
AR of complainant appearing in the Court has also prayed that lenient view may kindly be taken regarding the sentence as accused has compensated the complainant.
Accordingly, lenient view is taken as convict has compensated the complainant and the AR of complainant has prayed for taking lenient view.
In the present facts and circumstances, convict Kapil is sentenced for the period already undergone by him in custody and to pay a sum of Rs. 15,000/ as compensation to the complainant. Convict is also sentenced to pay a fine of Rs. 1000/. In default of payment of fine SI for 10 days. Fine paid. Ordered accordingly, A copy of Judgment and order on sentence be given to convict free of cost immediately. File be consigned to Record Room.
Announced in open Court (D.K.JANGALA)
dated: 31.08.2012 Addl. Chief Metropolitan Magistrate/NW,
Rohini,Delhi 31.08.2012
FIR No. 482/01 Page No. 4/5