ORDER

V. Ramkumar, J.—In this revision filed under Section 397 read with Section 401 Cr.P.C. the petitioner who was the accused in S.T. No. 5437 of 1996 on the file of the JFMC, Kodungallur, challenges the conviction entered and the sentence passed against him concurrently by the courts below for an offence punishable under Section 292 (2) (a) and (b), IPC.

The Prosecution Case

2. The case of the prosecution can be summarized as follows:

On 22.9.1996 at about 5.15 p.m. in the shop run under the name and style of “Ikkas Gents Corner, Ikkas Videos and Audios” bearing building No. 54/53(B) of Methala Panchayat in T.K.S. Puram Desom within the limits of Kodungallur Police Station, the accused was found in possession for sale/hire/distribution, an obscene blue film video cassette depicting a man and a woman in a completely nude posture indulging in carnal intercourse appealing to the prurient interests of the viewers and arousing corrupt and lascivious feelings of persons who chanced to view the video cassette. The accused has thereby committed offences punishable under Section 292(2)(a) and (b) IPC.

The Trial

3. On the accused pleading not guilty to the charge framed against him by the