Benefit under Probation of Offenders Act to person involved in Public exhibition of pornographic films

Gita Ram v. State of H.P., (2013) 2 SCC 694
 Criminal Law 
 Penal Code, 1860 
 S. 292 r/w S. 34 - Public exhibition of pornographic films/blue films as commercial activity - Punishment for - Differential
treatment for first and subsequent offences (as introduced by 1969 amendment) - Benefit under Probation of Offenders
Act (PO Act) whether available to first time offender - Appellants showing blue film to young men who were about fifteen
in number - Compact disc (CD) of another blue film, ticket book and posters also recovered from spot - These articles
suggesting that display of blue films was a commercial activity undertaken by appellants - Six months' imprisonment plus
fine imposed by trial court - First appellate court reducing
imprisonment to one month - However, complete waiver of
imprisonment sought under PO Act on ground that it was appellants' first offence - Held, no further leniency could be
shown keeping in view activity in which appellants were involved - They do not deserve benefit of PO Act, (2013) 2 SCC
694

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