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2020 Supreme(Ker) 603

Navas S/o Koyakutty – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. M.T. Balan, Smt. B. Vijubala.
For the Respondent: Sri. M.S. Breez.

ORDER :

1. This Crl. Revision Petition has been filed against the conviction and sentence passed by the Additional Sessions Court (Ad hoc)-II Kalpetta in Crl. Appeal No. 229 of 2004 dated 31.1.2008.

2. Revision petitioner was the accused in C.C. No. 457/2003 on the file of the Judicial Magistrate of First Class-I, Sulthan Bathery. The prosecution case is that on 20.10.2003 at about 16.30 hours the accused was found to be keeping pirated VCDs of 17 Malayalam films, 10 Tamil films and 8 English films, at the video shop by name “Gottago DVDs and VCDs” functioning in building No. VI/1163 situated on the side of Pulpally-Bathery public road and thereby committed the offence punishable under Secs. 7(a) of the Cinematographic Rule-II (amendment), 1995, Sec. 52A r/w 68A of the Copyright Act, 1957 and Sec. 6 r/w 4 of IRWP Act and Sec. 292(a) IPC.

3. On the side of the prosecution PW-1 to 12 were examined and Exts.P1 to P9 were marked. MO1 and 2 were also identified and marked. There was no defence evidence. The trial court found him guilty under Sec. 52(A) r/w 68(A) of Copyright Act 1957 and acquitted of charges under Sec. 7(a) of the Cinematographic Act and under Sec. 292(a) IPC and Sec. 6 r/

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