GOPAL SAHA Vs. STATE

JUDGEMENT

(1.) THE Petitioner was convicted under Section 292, Indian Penal Code and sentenced to R.I. for 18 months and to a fine of Rs. 500/ -, in default to R.I. for a further period of 4 months. He was also convicted under Section 292 -A(b) Indian Penal Code as inserted under Orissa Act 13 of 1962, but no separate sentence was awarded under this section.

(2.) PROSECUTION case may be stated in short. The Petitioner is the proprietor of a book stall under the name and style of "Capital Corner" located in Cuttack city. On search of his book stall on 4 -6 -1970, 30 obscene books (Exts. 3 to 32) were found from his possession for the purposes of sale. These books were seized under seizure list Ext. 1. P.w. 3, the Inspector of police, C.I.D. Crime Branch conducted the search and seizure and lodged the F.I.R. (Ext. 33).

(3.) HE however seriously contended that the finding that the Petitioner was the proprietor of the bock stall is unsustainable. In paragraphs 7 and 8 of his judgment the learned Sessions Judge has elaborately discussed this topic. He has placed reliance on the evidence of the three police officers p.w. 3, 5 and 6, the statement of the accused under Section 342, Code of Criminal Procedure and the evidence of p.ws. 1 and 2 the search witnesses. Criticisms which Mt. Patnaik levelled against the evidence of these witnesses have been fully discussed and met by the learned, Sessions Judge and it would be a mere effort in futility to repeat what the learned Sessions Judge has said. After having gone through the evidence of all these witnesses and the judgment of the learned Sessions Judge and after having heard Mr. Patnaik fully I am satisfied that the finding of the Courts below that the Petitioner was the proprietor of the book stall from where the obscene books were found on search is unassailable.