Symbolic picture
The Kerala High Court has acquitted a person who was sentenced to two years, convicted on charges of selling video cassettes with vulgar material 20 years ago. A single bench of Judge Kausar Edappagath acquitted Harikumar, a resident of Kottayam, on the grounds that the session court, which was convicted and convicted the conviction of the conviction, both did not see those video cassettes to find out whether they had pornographic material or not.
Watch that video yourself first
The court said that when a video cassette is introduced as evidence under Section 292 (sales of pornographic books etc.) of the Indian Penal Code, it is necessary for the court to watch the video itself and ensure whether it contains indeed pornographic material or not.
Until the judge watches the video cassette
The High Court said in its August 8 decision, “In other words, until the court or judge himself sees the video cassette and he does not believe that it has pornographic material, until it cannot be said that there is a concrete evidence before the court that proves a crime under Section 292.”
Lower court’s approach to law interpretation is wrong
The court also said that direct investigation of video cassette in this case was necessary, which was not done. The judgment stated, “The evidence of both the lower court and the appellate court was wrong to explain the law.”
The challenge was given to the magistrate and the session court
The High Court, while hearing Harikumar’s revision petition, canceled his conviction and sentence and acquitted him. Harikumar, in his petition, challenged the decisions of both the magistrate and the session court. (With language input)
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