Judgment :-

M.Y. Eqbal, J.

Leave granted.

2. This appeal by special leave arises out of the judgment and order dated 21.11.2011 of the High Court of Himachal Pradesh at Shimla in CRLR No. 36/2006. Notice was issued on the limited question of sentence in a conviction of the appellants under Section 292 read with Section 34 of the IPC and Section 7 of Cinematograph Act.

3. The prosecution case was that on 07.12.2001 on the basis of secret information the patrolling party raided the premises in Dhawan Video Hall, Sai Road and found that the appellants were showing blue film to young men and about 15 viewers were there in the hall. It was alleged that CD of blue film, namely “Size Matter” was displayed by the appellants to the viewers on Videocon TV Sony C.D. player, one CD namely “Size Matter”, two C.Ds. of “Jawani Ka Khel”, remote, ticket book, T.V. and poster were taken into possession in the presence of the witnesses.

4. The appellants were charged for offences punishable under Section 292 read with Section 34 IPC and Section 7 of Cinematograph Act.

5. After the statements of the appellants were recorded under Section 313 Cr.P.C. the trial began and, finally on completion of trial the Su