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2002 Supreme(Ker) 368

M.R.HARIHARAN NAIR
M. K. Ramakrishnan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The subject matter of the revision is obscenity on the silver screen and the interesting question that arises for decision is whether the prosecution, in order to establish the offence under Sec. 292(2)(a) of the Indian Penal Code should produce the entire film exhibited during the particular show in a theatre or is it sufficient if the objectionable/obscene parts of the film alone is produced ad marked as material object after detaching the same from the censored print of the film which was to be exhibited to the public in the theatre on the particular day?

2. The prosecution case is that as per the instructions from the Superintendent of Police, Kannur, P.W.3, who is the Deputy Superintendent of Police, Crime Records Bureau, Kannur, went over to the "Prakash Theatre", Valapattanam, Kannur, on 13-12-1999. Petitioners 1 to 3 are the Manager, Projector Operator and Assistant Projector Operator respectively of the said theatre. A Tamil film by name "Inaye Thedava" was supposed to be exhibited there on that day. Just before 1 p.m. when the interval in respect of the noon show of the said film was to take place, suddenly obscene scenes appeared in the screen. As soon as the




























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