STATE OF GUJARAT Vs. SHIRISHKUMAR SURESHKUMAR PANDYA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 28. 9. 1993 passed by the learned Chief Judicial Magistrate, Bhavnagar in Criminal Case No. 2719 of 1990 whereby the accused has been acquitted of the offence leveled against him.

(2.) THE brief facts of the prosecution case are as under: the accused was running Isotop Video cassette library at opposite Muktalaxmi Mahila School. On 14. 5. 1990 at about 9:00 p. m. the accused was found guilty for keeping cassettes which hurt religious feelings and also keeping obscene cassettes, which were not approved by the censor Board. Therefore the complaint in question came to be filed against him.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against him. The trial was initiated against the respondent.