It was alleged that CD of blue film, namely Size Matter was displayed by the appellants to the viewers on Videocon TV Sony C.D. player, one CD namely Size Matter, two Ds.
The imposition of fine of Rs.1,000/ by the trial companyrt for the offence under Section 292 IPC and further fine of Rs.1000/ was imposed on them for offence under Section 7 of the Cinematograph Act, were maintained.
The prosecution case was that on 07.12.2001 on the basis of secret information the patrolling party raided the premises in Dhawan Video Hall, Sai Road and found that the appellants were showing blue film to young men and about 15 viewers were there in the hall.
of Jawani Ka Khel, remote, ticket book, T.V. and poster were taken into possession in the presence of the witnesses.
The appellants then preferred revision before the High Court of Himachal Pradesh.
36/2006.
However, the appellants being first offenders Sessions Judge showed some leniency in sentence of imprisonment and instead of imprisonment of 6 months the appellants were sentenced to simple imprisonment for one month each.
Notice was issued on the limited question of sentence in a companyviction of the appellants under Section 292 read with Section 34 of the IPC and Section 7 of Cinematograph Act.
P.C. the trial began and, finally on companypletion of trial the Sub Divisional Judicial Magistrate companyvicted and sentenced the appellants to undergo simple imprisonment for 6 months under Section 292 of the IPC and fine of Rs.1,000/ under Section 7 of Cinematograph Act.
Y.EQBAL,J. Leave granted.
This appeal by special leave arises out of the judgment and order dated 21.11.2011 of the High Court of Himachal Pradesh at Shimla in CRLR No.
On appeal filed by the appellants, the Additional Sessions Judge Fast Track Court, Solan Camp at Nalagarh affirmed the judgment passed by the Trial Court.
After the statements of the appellants were recorded under Section 313 Cr.
The sentence awarded by the Trial Court was modified to that extent.
