JUDGMENT

FAZAL ALI, J. :— The appellant V. C. Shukla (hereinafter referred to as A-1) in criminal appeal No. 494 of 1979 has been convicted by the Sessions Judge, Delhi under Section 120-B read with Sections 409, 435, 411, 414 and 201, Indian Penal Code and also under Section 409, Indian Penal Code in respect of the positive print and negative and other material of the film Kissa Kursi Kaa; under Section 411 read with Section 109, Indian Penal Code; under Section 414, read with Section 109, Indian Penal Code; under Section 435 read with Section 109, I.P.C.; and under Sec. 201 read with Section 109, I.P.C. The appellant, Sanjay Gandhi (hereinfafter referred to as A-2) in Criminal Appeal No. 493 of 1979 has been convicted by the Sessions Judge, Delhi under Section 120-B read with Sections 409, 435, 411, 414 and 201 of the Indian Penal Code and has been further convicted under Sections 435, 411, 414 and 201, I.P.C. in regard to the negative and other material of the film Kissa Kursi Kaa as also under Section 409 read with Section 109 of the Indian Penal Code. Appellant No. 1 was sentenced under Section 120-B read with Sections 409, 435, 411, 414 and 201 to two years rigorous imprisonment; under Section 409 regarding the negative and other materials to two years rigorous imprisonment and a fine of Rs. 20,000/- and in default further 6 months rigorous imprisonment; under Section 409 regarding the positive print of the film to 2 yearss rigorous imprisonment and a fine of Rs. 5,000/- and in case of default further rigorous imprisonment for three months; under Section 411 read with Section 109 to rigorous imprisonment for one year; under Section 414 read with Section 109 to rigorous imprisonment for one year; under Section 201 read with Section 109 to rigorous imprisonment for one year; and under Section 435 read with Section 109 to rigorous imprisonment for one year; The appellant No. 2 was sentenced under Section 120-B read with Sections 409, 435, 411, 414 and 201 to rigorous imprisonment for two years; under Sec. 435 to rigorous imprisonment for one year and six months and a fine of Rs. 10,000/- and in case of default further rigorous imprisonment for four months; under Section 411 to rigorous imprisonment for one year; under Section 414 to rigorous imprisonment for one year; under Section 201 in regard to the negative, etc., to rigorous imprisonment for one year; under Section 201 in regard to thirteen trunks, etc., to rigorous imprisonment for one year and under Section 409 read with Section 109 to rigorous imprisonment for two years. The aforesaid sentences of imprisonment were ordered to run concurrently in the case of both the appellants.

2. The learned Sessions Judge has given full and complete details of the prosecution case against the appellants and has divided the allegations against them in several parts. On being convicted by the Sessions Judge, Delhi, the appellants filed appeals before the Delhi High Court against their convictions and sentences, indicated above, and were released on bail pending the hearing of the appeals. Meanwhile, the Special Courts Act of 1979 came into force and by virtue of a declaration made under Section 7 of the said act, the appeals stood transferred to this Court and were placed for hearing before us. As the learned Sessions Judge has given all the necessary details of the prosecution case against the appellant, it is not necessary for us to give all the facts but we propose to give a birds eye view of the substratum of the allegations on the basis of which the appellants have been convicted, dwelling particularly on those aspects which merit serious consideration. We have heard learned counsel for the parties at great length both one the constitutional points involved in the appeals and the facts. By an order dated December 5, 1979, we disposed of the constitutional points which were in the nature of preliminary objection to the maintainability of these appeals and overruled these objectio