ORDER

The petitioner has filed this petition under Section 397 read with 401 of Cr.P.C. for setting aside the judgment of conviction and order of sentence dated 31.12.2012 passed by the District and Sessions Judge, FTC, Jamkhandi, in Criminal Appeal No.77/2012, whereby the learned Sessions Judge confirmed the judgment of conviction and order of sentence passed by the Principal Civil Judge and JMFC, Jamkhandi in CC No.336/2010 dated 26.06.0212 for the offence punishable under Section 292 of IPC.

2. It is the case of the prosecution that, the complainant was running a CD shop in Dwarakanath Galli at Jamkhandi; that on 24.09.2010, the complainant-Dy.S.P. received a credible information that the revision petitioner is running CD shop in the name and style of Golden CD and Computer works situated in CTS 2303/1/C and he was indulged in selling CDs containing obscene and nude films and selling them to public for a consideration amount valuing from Rs.50/- to Rs.100/-. Then the complainant-Dy.S.P. directed the PSI to secure the panchas and along with panchas they raided the shop of the revision petitioner at about 6.00 p.m. and on inspection of the premises, 11 CDs put in a card-board b