2008 CRI. L. J. 3480 ::2009 (1) RecCriR 135 ::(2009) 1 Crimes 125 ::2008 (4) Cri RJ 510 ::(2009) 4 EastCriC 312 ::2008 (3) Ker LT 150 ::(2008) 2 Ker LJ 367 ::(2008) 68 AllIndCas 617 (KER) ::(2008) ILR(ker) 2 KER 715

Kerala High Court

Hon'ble Judge(s): V. Ramkumar , J

(A) Penal Code (45 of 1860) , S.292(2)— Sate of video cassette - Cassette containing obscene blue film - Accused was found managing a vedio shop wherein obscene cassette containing a blue film evidently kept for hire to potential customers, was found - It cannot be said that possession of cassette was without requisite mens rea or that it does not attract ingredients of offence punishable u/S.292 - Trial Court had viewed cassette and found its contents obscene - Conviction of accused is proper - Sentence of simple imprisonment for 3 months and a fine of Rs. 1,000/- - Is not disproportionately harsh.Words and Phrases - Word 'obscene' - Meaning of. (Para 11 12 13 14) (B) Evidence Act (1 of 1872) , S.3— Independent witnesses - Hostility exhibited by such witnesses cannot be thrown overboard a prosecution which is otherwise true and genuine - If testimony of official witnesses is free from suspicion, hostility shown by in-motivated independent witnesses is of no consequence. 1981 Ker LT (SN) 9; 1995 (1) Ker LT 636; AIR 1996 SC 3079; 1979 SCC (Cri) 134; 1997 Cri LJ 2978 (SC) and AIR 1996 SC 569, Foll. (Para 9) .....