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1989 Supreme(Ker) 359

THOMAS
Moidu – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Petitioner was convicted by the trial court for the offence under S.292(2)(a) of the Indian Penal Code and was sentenced to undergo imprisonment for two years and to pay a fine of Rs. 1,000/-. The Sessions Court, in appeal, confirmed the conviction, but reduced the sentence to rigorous imprisonment for one year and fine of Rs. 1,000/-.

2. The Circle Inspector of Police, Tellicherry caught the petitioner around 7p.m. on 25-10-1986 with two video cassettes (M.O.1 series). Those cassettes contained tapes for displaying obscene scenes (such cassettes are called blue films). Petitioner was arrested and the cassettes together with the bag in which they were kept were seized.

3. There is no dispute that M.O.1 series contain tapes for displaying obscene scenes. There is no dispute that such cassettes are not objects used for appealing to the prurient interest of the viewers.

4. Learned counsel for the petitioner raised the main argument that mere possession of obscene objects is not sufficient to attract the offence under S.292(2) (a) of the IPC. The clause says that "whoever sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purp


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