In the case of Gita Ram & Anr vs State
Of H.P.
JUSTICE P. Sathasivam, and JUSTICE Jagdish
Singh Khehar of Supreme Court of India Decided on 1 February, 2013 approved the
observations of P & H High court and after considering the nature of the
activities and the offence committed by the appellants, refused to show any
leniency and to modify the sentence any further. “A similar view was taken by
Punjab and Haryana High Court in the case of Bharat Bhushan vs. State of Punjab
reported in 1999 (2) RCR (Criminal) 148 refusing to give benefit of probation
for exhibiting blue film punishable under Sections 292 and 293 of the IPC. The
Court held that: “exhibiting blue film in which man and woman were shown in the
act of sexual intercourse to young boys would definitely deprave and corrupt
their morals. Their minds are impressionable. On their impressionable minds
anything can be imprinted. Things would have been different if that blue film
had been exhibited to mature minds. Showing a man and a woman in the act of sexual
intercourse tends to appealing to the carnal side of the human nature.
Petitioner is the first offender and is a petty shopkeeper, maintaining a
family and as such the High Court feel that he should be dealt with leniently
in the matter of sentence. He cannot be released on probation of good conduct
as the act imputed to him tended to corrupt and deprave the minds of immature
and adolescent boys.”
--
Haider Ajaz
(Advocate)
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