When a person who was accused of playing an obscene CD in a video parlour will be acquitted?

PANAJI: A person accused of playing an obscene CD in a video parlour in 2003 was recently acquitted by the high court of Bombay at Goa as the subordinate courts did not watch the CD to establish that the contents were of an obscene nature. 

A judicial magistrate first class court at Margao had convicted and sentenced Margao businessman Francisco Colaco, who runs a video parlour at Kharebandh, to undergo simple imprisonment for two months and pay a fine of 2,000 under Section 292 (playing obscene material) of Indian Penal Code. He was also sentenced to pay a fine of 5,000 under Section 7 of the Cinematography Act. Colaco's appeal was dismissed by the additional sessions court in 2013. 


Colaco then approached the high court and stated that the prosecution had failed to prove that the contents of the CD seized during the raid were obscene. On July 14, 2003, police had raided the video parlour and allegedly found that the obscene CD played by the accused was being watched by around 20 to 25 persons. The trial court had convicted the accused on the basis of the statement of the police officer and evidence of other witnesses, who deposed that contents of the CD were obscene. 

Setting aside the punishment imposed, Justice A R Joshi observed, "It is factual position that the said CD has not been sent for any expert analysis as to find out whether in reality it contained any obscene material which will attract the provisions of relevant section as dealt above. Even there is nothing on record to show that the trial court had arranged for playing the said CD during recording of the evidence and then coming to the conclusion as to contents of the said CD, attracting the provisions of Section 292 of Indian Penal Code and Section 7 of Cinematography Act." 

The court also observed that though witnesses mentioned that the contents of the CD were of an obscene nature they were cross examined and it was the accused's consistent stand that the contents were not obscene. 

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