Delhi District Court
State vs . Ashok Kumar on 29 January, 2008
State Vs. Ashok Kumar
FIR No.: 676/02
IN THE COURT OF SHRI MAHESH CHANDER GUPTA
ADDL. CHIEF METROPOLITAN MAGISTRATE : ROHINI: DELHI.
State Vs. Ashok Kumar
FIR No.: 676/02
PS : Janak Puri
U/s 292 IPC
JUDGMENT :-
(a) Sl. No. of the case : 97/2 of 2006
(b) Date of commission of the offence : 09.11.2002
(c) Name of the complainant if any : State
(d) Name of the accused person,
and his parentage and Address : Ashok Kumar
S/o Sh. Ram Chander
R/o RZ 35, Gali No. I
East Sagar Pur, Dabri,
Delhi.
(e) Offence complained of : U/s 292 IPC.
(f) Plea of the accused : Pleaded not guilty.
(g) Final Order : Convicted.
(h) The date of such order : 29.01.2008.
Date on which judgment reserved: 29.01.2008.
Date of judgment : 29.01.2008.
Page 1 of 6State Vs. Ashok Kumar FIR No.: 676/02 BRIEF STATEMENT OF THE REASONS FOR DECISION:
The prosecution case in brief is, that on 09.11.2002 at about 1.45 P.M. at Pankha Road, Near Janak Cinema, within the jurisdiction of PS Janak Puri accused Ashok Kumar was found selling obscene books at patri and thereby committed an offence punishable U/s 292 IPC.
2. In support of its case prosecution has produced and examined three witnesses namely PW-1 HC Savitri Gulia, PW-2 Ct. Shripal and PW-3 Ct. Sanjeev.
PW-1 HC Savitri Gulia, who is the Duty Officer and proved the copy of the FIR Ex.PW-1/A and her endorsement at Point-A on the rukka.
PW-2 Ct. Shripal and PW-3 Ct. Sanjeev are the witnesses to the arrest and recovery of the case property and proved the seizure memo of the case property Ex.PW-2/A, arrest memo and the personal search memo of the accused Ex.PW-2/B & Ex.PW-2/C respectively, case property consisting of obscene books collectively Ex.P-1.
3. Statement of accused Ashok Kumar was recorded U/s 281 Cr.P.C wherein he has denied the allegations of the prosecution and stated that he is innocent and has been falsely implicated in this case. Accused opted not to lead any Page 2 of 6 State Vs. Ashok Kumar FIR No.: 676/02 defence evidence.
4. I have heard the Ld. APP for the State and the Ld. Counsel for the accused and have also carefully perused the entire record and the relevant provisions of the law.
5. Section 292 IPC provides for Sale, etc., of obscene books, etc. It reads as:-
292. Sale, etc, of obscene books, etc. (1) For the purposes of sub-
section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or of its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
(2).Whoever-
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
(b) XX XX XX XX XX XX
(c). XX XX XX XX XX XX
(d). XX XX XX XX XX XX
(e). XX XX XX XX XX XX Page 3 of 6 State Vs. Ashok Kumar FIR No.: 676/02 Shall be punished [on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees].
Exception.- XX XX XX XX XX XX
6. On careful perusal and analysis of the entire evidence on record I find that corroborative, consistent, reliable and sufficient evidence to make up the edifice of the prosecution case has been produced by the prosecution.
7. The testimonies of PW-2 Ct. Shripal and PW-3 Ct. Sanjeev clearly go to show, it was the accused who was selling the obscene books at a public place.
PW-2 Ct. Shripal in his examination-in-chief has inter-alia deposed that "On 9.11.02, I was posted at PS Janak Puri as constable. On that day I alongwith HC Brahm Prakash and Ct. Sanjeev was on patrolling duty and was present near Ram Mandir. There at about 1.30 PM, IO received a secret information that one person is selling obscene books in front of Janak Cinema. On this information IO asked four-five passers by to join the raiding party but all of them refused and left the place without telling their names and addresses. IO constituted raiding party and at about 1.45 pm on the pointing out of informer, accused present in the court today, Ashok Kumar was apprehended. His books were checked and 21 obscene books which were kept beneath other books were recovered. Title of some books were- Harjai, Madhosh, koi mere dil se pooche, etc. ."
His testimony has also been corroborated by PW-3 Ct. Sanjeev.
Page 4 of 6State Vs. Ashok Kumar FIR No.: 676/02 There is nothing in their cross-examination so as to impeach their creditworthiness. Inspite of incisive cross-examination nothing material has been brought out on the record so as to discredit the testimony of the said witnesses.
Minor contradictions are merely the inconsistencies on the fringe without materially affecting the creditability of the evidence.
The careful perusal and analysis of the cross-examination of PW-2 Ct.
Shripal and PW-3 Ct. Sanjeev clearly indicate that accused has nowhere disputed or denied his presence, on the date, time and place of occurrence.
In view of above, I am of the considered opinion that as far as the involvement of the accused Ashok Kumar in the commission of offence is concerned, the same is sufficiently established by the cogent and reliable evidence and in the ultimate analysis, the prosecution has been able to bring the guilt home to the accused Ashok Kumar beyond reasonable doubt and there is no room for hypothesis, consistent with that of innocence of the accused. I, therefore hold the accused Ashok Kumar guilty for the offence punishable U/s 292 IPC and convict him thereunder.
Announced in the open Court This on the 29th Day of January, 2008.
(Two spare copies attached) (MAHESH CHANDER GUPTA) ADDL. CHIEF METROPOLITAN MAGISTRATE ROHINI, DELHI.
Page 5 of 6State Vs. Ashok Kumar FIR No.: 676/02 IN THE COURT OF SHRI MAHESH CHANDER GUPTA ADDL. CHIEF METROPOLITAN MAGISTRATE : ROHINI: DELHI.
FIR No.: 676/02.
PS : Janak Puri.
U/s 292 IPC.
Order on sentence:-
I have heard the Ld. APP for the State and the Sh. Pankaj Sharma, Ld. counsel for the accused Ashok Kumar on the quantum of sentence. Sh. Sharma, Ld. Counsel for the accused stated that accused Ashok Kumar is 35 years of age and is a rickshaw puller and is a poor person and his parents have expired and is having two children and is the sole bread earner in the family and has suffered a protracted trial running for the last six years and is not a previous convict and deserves leniency.
While Ld. APP stated that the accused be dealt with strictly and substantive punishment be given to deter him from committing the same offence in future.
Having regard to all the facts & circumstances of the case, the nature of the offence, the protracted nature of trial which is going on for the last six years, all the facts & circumstances of the accused's family and accused not being the previous convict, I am of the considered opinion that ends of justice can be met by sentencing the accused to undergo imprisonment Till the Rising of the Court (T.R.C) and to pay a fine of Rs. 600/-, in default of payment of fine to undergo simple imprisonment for two months U/s 292 IPC.
Announced in the open Court This on the 29th Day of January, 2008 (Two spare copies attached) (MAHESH CHANDER GUPTA) ADDL. CHIEF METROPOLITAN MAGISTRATE ROHINI : DELHI.Page 6 of 6