1
IN THE COURT OF THE III ADDITIONAL JUDICIAL MAGISTRATE OF
FIRST CLASS :: TIRUPATI
Present:: Sri R.Sanyasi Naidu, III Additional Judicial Magistrate of First Class. Tirupati
Friday, the fourth (4th) day of December, two thousand fifteen.
C.C. No.420 of 2012
The State of Andhra Pradesh, rep., by its, the Sub-Inspector of Police, West Police Station, Tirupati. (Cr.No.63/2010 of West Police Station)
.. Complainant
-Versus-
1. Sunku Peereswara Rao, age 51 yrs., S/o S.Peeraiah, D.No.101/5, Prakasham Road, Tirupati, Owner of the Aditya Book Centre, Prakasam Road, Tirupati. (A1)
2.Dwarakanath Omprakash, age 48 yrs, S/o Venkata Hanumantha Rao, r/o 4th floor, Vasanta Vihar Apartments, Moghalrajapuram, Vijayawada-10. (A2)
.. Accused
This case is coming on 01.12.2015 before me for final hearing in the presence of the learned Assistant Public Prosecutor for State and of Sri K.C.Chennakesavulu Reddy, Advocate for the accused and upon hearing their arguments and upon perusing the documents available on record and having stood over for consideration till this day, the court delivered the following :
-:: J U D G M E N T ::-
This is case arises out of the police complaint filed by the Sub-
Inspector of Police, West PS, Tirupati in Cr.No.63/2010 u/Sec.420, 482 of IPC and section 51 (b) (1) r/w section 63 of Copy Rights Act against A.1 & A.2.
2.The case of the prosecution in brief that A1 is the proprietor of
Aditya Book Shop located in D.No.101/5, Prakasam Road, Tirupati and he is doing books business since the year 1991. A2 is the resident of Vijayawada and 2 he is the book publisher and owner of Anantha Padmanaba Publishers, first floor, Sridevi Complex, Vijayawada.
3.Telugu Academy, Hyderabad is a registered concern having its office at Hyderabad has copy right to print, publish and sell the intermediate text books in Telugu medium as well as in English medium as per registration of Copy right given to them.
4.Accordingly Telugu Academy is printing the said books at
Hyderabad and selling the same through its Reginal Centers situated at
Vijayawand, Vizag, Anantapur, Tirupati, Warangal, Guntur and Sanga Reddy.
5.While so, the Telugu Academy noticed fall in the sale of intermediate books published by them, in Tirupati Regional Center and for which one Venkataramana (LW1) was incharge. On that he made enquries at
Tirupati and collected pirated books and sent to LW2 Head Office, Hyderabad.
LW2 sent the collected pirated books to LW12 for comparison. LW12 found difference in quality of papers and logos and gave his report to LW2. On that
LW1 lodged a report with West P.S., Tirupati. Basing on the report of LW1,
LW16 Sub-Inspector of Police registered as a case in Cr.No.63/2010 u/Secs.51 r/w 63 of Copy Rights Act and took up investigation.
6.During the course of investigation, on 10.07.2010 LW16 examined the Lws1 to 5 and recorded their statements and on the same day, he seized 1) Intermediate 1st year English Medium Physics text book, printed by
Telugu Academy with logo, revised edition 2009, 2) Intermediate 1st year
English Medium Mathematics paper I-A text book, printed by Telugu Academy with logo, 1st edition 2008. 3) Intermediate 1st year English Medium
Mathematics paper I-B, text book, printed by Telugu Academy with logo, Ist edition 2008, 4) Intermediate Ist year English Medium Chemistry text book printed by Telugu Acdemy with logo, Ist edition 2008, 5) Xerox copy test report dt.09.07.2010 of centre for research, Hyderabad, 6) Attested copy of copy rights of Registration No.L31200/2008, dt.26.08.2008 for intermediate Ist year 3
Mathematics I-A English, 7) Attested copy of Copy Rights of Registration
NO.L31201/2008, dt.26.08.2008 for intermediate Ist year Mathematics I-B
English under police proceedings. Basing on the evidence of Lws1 to 5 Section 420 and 482 of IPC are added in this case.
7.During the course of investigation, sub inspector of police also examined the LW6 and recorded his statement and seized the pirated books which were supplied by A1 to the educational institution in the presence of panchyatdars at Sri Chaitanya Junior College, Gandhi Road, Tirupati under a separate mahazar the total pirated books 973 intermediate first year English medium mathamatics 1A, 1B and intermediate first year English medium
Chemistry and physics text books.
8.The Sub-Inspector of Police arrested the A1 on 13.07.2010 at about 10:00 am., at RTC Bus Stand, Tirupati and recorded the confessional statement in the presence of the mediators and according to the confession of
A1, A2 is added as accused NO.2.
9.On pursuance of the confessional statement of A1, the Sub- inspector of police also seized pirated text books of first year intermediate mathematics 1A, 1B, physics and Chemistry from his shop in the presence of mediators under cover of separate mahazar. A1 also lead the police party along with mediators to Kesineni transport office, Tiruchanur Road, Tirupati and there as per the confession of A1, LW7 produced the L.Rs dt.22.06.2010 and 27.06.2010 with the signatures of A1 and same were seized under cover of separate mahazar in the presence of mediators. Later A1 produced before the
Hon'ble Court for judicial remand, after completion of all legal formalities. The
investigating officer also examined Lws8 and 9 and seized two LR copies under cover of police proceedings at Guntur. Subsequently the investigating officer forwarded four Regional text books and pirated text books to the commissioner of printing, stationary and store purchase, Government Central
Press, Hyderabad for comparison with letter of advise and as per the report there is a difference in the helogram designe in pirated text books and also 4 paper shade. On 18.08.2010, Sub-Inspector of Police arrested the A2 and released on bail as per the directions of the Hon'ble High Court of AP in
Crl.Petition NO.7029/2010 dt.16.08.2010. After completion of the investigation, on all aspects, Sub-Inspector of police, West Police Station, laid charge sheet.
10.This case was taken on file against A1 and A2 for the offences punishable u/Sec.420, 482 r/w 34 of IPC and Section51 (b) (1) r/w 63 of Copy
Rights Act.
11.On appearance of the accused, the copies of documents, on which the prosecution intended to relied upon, were furnished, to the accused as required u/sec.207 Cr.P.C.
12. The accused were examined u/sec.239 Cr.P.C for the offence punishable u/Sec.420, 482 r/w 34 of IPC and Section51 (b) (1) r/w 63 of Copy
Right Act and explained the acquisition to them in Telugu language and having understood the same pleaded not guilty and claimed to be tried.
13.To prove its case, prosecution examined Pws1 to 13 and got marked Exs.P1 to P20, apart from M.Os.1 to 12.
14.The learned Assistant Public Prosecutor was given up the evidences of LW11 Gajjala Ramachandra, LW13 P. Bhaskar. The evidence of
LW1 and LW15 were placed as they were died. The prosecution examined
PW12 M. Bhaskar by calling him u/Sec.311 Cr.P.C as per orders in
Crl.M.P.No.1571/2015 dt.17.06.2015.
15.After closure of the prosecution side evidence, the accused were examined u/sec.313 Cr.P.C for the incriminating material evidence against them in the evidence of prosecution witnesses and having understood the same, they denied the same as false and reported no defence evidence.
16.Heard oral arguments of both sides. Both parties filed their 5 written memorandum of arguments and perused the record.
17.Now, the point for determination is :
Whether the prosecution brought home the guilt of A1 & A2 for the offence punishable u/Sec.420, 482 r/w 34 of IPC and Section51 (b) (I) r/w 63 of Copy Right Act, beyond all reasonable doubt?
18.To fasten the liability of the A1 and A2 for the offence punishable u/Sec.420, 482 r/w 34 of IPC and Section 51 (b) (I) r/w 63 of IPC, the prosecution shall prove that A1 and A2 dishonestly cheated the Telugu
Academy and publishing the fake intermediate text books with fake hologram and circulated the pirated books to the various institutions at Tirupati without having copy right to print and sell the intermediate text books in Telugu and
English languages.
19.The learned Assistant Public Prosecutor submitted before the court that unfortunately LW1 R.Venkataramana died and his report was marked through PW1. She further submitted that the prosecution proved that Telugu
Academy was established by the Human Resource Development Authority,
New Delhi with collaboration of State Government and it is a registered society under A.P Co-operative Societies Act. It's head office is located at Hyderabad, having regional offices at other places including, Tirupati. The Telugu
Academy publishes the text books as prescribed by the Board of Intermediate
Education in both Telugu and English medium. The Telugu Academy,
Hyderabad also obtained Copy Right to publish and selling of Intermediate
Telugu and English medium text books of all the steps and Telugu Academy forwarded the published books to all its Regional Centers for sale and in turn
Regional Centers will sell the books to the Government Junior Colleges, A.P
Social Welfare Residential Junior Colleges, A.P Tribal Welfare Colleges and to
Libraries. The Telugu Academy also supplied its books to private colleges on their request and Telugu Academy having hologram with Telugu Academy in
English and Telugu letters with Swan Logo in the Center. The Telugu Academy also maintained the standard and quality of paper and printed the books with 6 offset with modern technology.
20.The defence also not denied and disputed about the Copy Rights of Telugu Academy to publish and to sell the Intermediate text books in Telugu and English languages through its Regional Centers including at Tirupati. The defence also not denied and disputed about the hologram and quality and also the technology used by the Telugu Academy to publish the text books.
21.Pws1 and 2 deposed that in the year 2008 sales of Tirupati
Regional Center Came down when compared with previous orders as well as and by that time LW1 Venkataramana was the incharge for Tirupati, Regional
Center. As per the directions of Telugu Academy head office, LW1 enquired and found that in the year 2007, Chaitanya Junior College purchased Telugu
Academy Books from Tirupati Regional Center for Rs.30,00,000/-, but the said college not purchased the books in the year 2008. On that LW1 made inquires that the students of Chaitanya Junior College and found the holograms as “Velugu Acanamy”. LW1 also found the difference quality of books sizes and dots on the photographs and on that he collected books and sent the pirated books to head office for chemical testing of the quality of paper and printing.
The head office in turn sent the pirated books for center of paper research and evaluation in Uppal, Hyderabad and the said institute submitted a report to the head office by confirming that the books collected from Chaitanya Junior
College, Tirupati and sent by LW1 are pirated books and hologram of the said books is also different.
22.Pws2 and 3 further testified that as per the instructions of the
Director, Telugu Academy, they came down to Tirupati and enquired the matter along with LW1 and they also found the pirated books in Sri Chaitanya Junior
College with hologram as 'Velugu Acanamy' and also noticed other differences.
They further testified that on their enquiry with PW5, they came to know that
A1 supplied the pirated books and on that LW1 presented Ex.P14 report. Ex.P1 is the signature of the LW1 on Ex.P14 marked through PW1.
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23.The case of the prosecution that A2 published pirated book of
Telugu Academy with fake hologram as “Velugu Acanamy” and circulated and distributed the same to Sri Chaitanya Junior College, Tirupati through A1 by transporting the said books through Kesineni Transport. A1 denied the case of the prosecution and other book shop owners of Tirupati foisted this false case by influencing the Telugu Academy people. A2 also denied the case of the prosecution and stated that he had no dealings with A1 and he never supplied any books to A1.
24.The allegation against A1 is that he purchased pirated books from
A2 and sold the same to Sri Chaitanya Junior College, Tirupati for illegal gain.
According to the contents of Ex.P14 report dt.10.07.2010 no where in it that
LW1 and Pws1 to 3 secured pirated books during their enquiry from Sri
Chaitanya College, Tirupati. In Ex.P14 there is no recital that the pirated books were supplied by Aditya book center, Tirupati to Sri Chaitanya Junior College.
As per recitals of Ex.P14, LW1 Venkataramana praying the police to find out the persons who are printing and selling pirated books and registered a case against them and get them punished.
25.The counsel for accused persons submitted that LW1
Venkataramana and Pws1 to 3 are not having knowledge and also they are not aware of the persons who are printing the pirated books and who are selling the same. But, as per the recitals of Ex.P14 in its subject column LW1
Venkataramana mentioned, to take action against Aditya Book Center for printing and selling of the pirated books.
26.On perusal of Ex.P14 report, the defacto complainant and the officials of Telugu Academy not referred the basis for them to make allegation against A1. If really the defacto complainant and the officials of Telugu
Academy having knowledge on the date of Ex.P14, they should have or would have got mentioned in it to take action against A1 and A1 is the responsible person for circulating pirated books. In Ex.P14 not mentioned the name of Sri 8
Chaitanya Junior College and also the defacto complainant and Telugu
Academy officials not disclosed the name of the Junior College at Tirupati where they enquired the students about the circulating pirated books of intermediate first year mathematics 1A, 1B and Chemistry and Physics. But, as per the evidence of PW13, he went to Sri Chaitanya Junior College, Tirupati on 11.07.2010 itself after registration of this case and issuance of Ex.P15 FIR.
27.PW13 stated that he seized original text books of Telugu Academy mathematics first year intermediate having original official logo of Telugu
Academy, photo copy of test report of the center for research paper valuation
Hyderabad, photo copy of registration of copy right vide registration
NO.L-31200/2008 dt.26.08.2008, photo copy of registration of copy right vide registration NO.L-31201/2008 dt.26.08.2008, photo copy of Telugu Academy hologram, photo copy of pirated book i.e., Velugu Acanamy under cover of
Ex.P16 police proceedings dt.10.07.2010. Exs.P2 and P3 are marked through
PW1. Ex.P2 and P3 are marked in two numbers i.e., one set of Ex.P2 and P3 are compared with its original copies and another set of Ex.P2 and P3 are attested copies of copy rights extract register dt.26.08.2008 for registration
NO.L-31200/2008 and L-31201/2008 respectively. The defence also not denied and disputed about the copy right of Telugu Academy for intermediate first year mathematics 1B and intermediate first year mathematics 1A. Ex.P4 is the attested copy of extract from register of copy rights dt.26.08.2008 for registration No.L-31197/2008 for intermediate first year Physics and Ex.P5 is the copy of extract from register of copy rights dt.26.08.2008 for registration
NO.L-31196/2008 for first year intermediate Chemistry. The defence also not denied about the copy rights of Telugu Academy, Hyderabad for printing and circulated intermediate first year mathematics 1A, 1B, Chemistry and Physics in Telugu and English language. Therefore, the Telugu Academy, Hyderabad is having copy right for publication, printing and for circulation and selling of intermediate first year textbooks of mathematics 1A, 1B, Physics and
Chemistry in English language through its regional centers all over the state of
A.P including at Tirupati. The prosecution proved through the evidence of 9
Pws1 to 3 and Ex.P2 to P5 that the Telugu Academy, Hyderabad having copy right for printing and selling of intermediate first year text books of mathematics 1A, 1B, physics and Chemistry in English language.
28.Ex.P14 does not reveals about the securing the pirated books by
Pws1 to 3 and LW1 Venkataramana from Sri Chaitanya Junior College,
Tirupati. It is not the case of the prosecution and also the investigating officer
PW13 that he received credible information about the distribution and circulation of pirated Telugu Academy intermediate first year maths 1A, 1B,
Chemistry and Physics text books to the students of Junior Colleges and on his enquiry, he investigated this matter.
29.As per the evidence of PW13 and Pws1 to 3 that Sri Chaitanya
Junior College, Tirupati distributed pirated intermediate first year text books to its students and on their enquiry, they came to know through the college authorities that A1 supplied the said books. PW13 categorically testified that he examined PW4 who is the accountant of Sri Chaitanya Junior College, Tirupati and basing on the evidence of Pw4, he added section of law 420 and 482 of IPC and also examined PW5. On the date of examination of PW5, PW13 seized pirated text books from Sri Chaitanya Junior College in the presence of PW8 and LW11 G.Ramachandra in total 973 text books of intermediate first year 1B mathematics, intermediate first year 1A maths, Intermediate first year
Chemistry and intermediate first year Physics.
30.But, as per the evidence of PW4 who is the accountant of Sri
Chaitanya Junior College, Tirupati that Sri Chaitanya Junior College, Tirupati purchased the text books of Telugu academy for first year intermediate mathematics, Botany, Zoology, Physics and Chemistry from Aditya Book
Center, Prakasam Road, Tirupati basing on the indent of the Principal of the said college and PW4 gave indent to Aditya Book Center i.e., to A1 and A1 supplied Telugu Academy text books to the college by receiving the amount of
Rs.6,99,703/- by way of cheque drawn on ING VYSYA Bank.
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31.PW5 who is the Assistant General Manager of Sri Chaitanya
Junior College of Tirupati testified that he submitted indent to Aditya Book
Center, Tirupati for supply first year intermediate maths 1A, Maths 1B, Physics and Chemistry text books for worth of Rs.12,00,000/- and issued a cheque for
Rs.7,00,000/- to Aditya Book Center, Tirupati and A1 supplied the books to the college.
32.As per the cross-examination of PW4 A1used to supply stationary books also to Sri Chaitanya College, Tirupati and he also noticed the logo of
Velugu Acanamy on the books in the police station when the police shown the same to him. As per the cross-examination of PW5 A1 used to supply text books and stationary to his college prior to 3 or 4 years of the alleged incident.
It is evident from the cross-examination of PW5 that he will collect the text books and hand over the same to the police. PW13 who is the investigating officer examined Pws4 and 5 not stated about the seizure of account books of
Sri Chaitanya College and also the duplicate indent form which was alleged to be placed by PW4 and 5 to A1 to supply academy text books to their students.
The investigating officer also failed to seize the bank account copy of A1 and also Sri Chaitanya Junior College, Tirupati to prove the payment of the amount of Rs.7,00,000/- by Sri Chaitanya College, Tirupati to A1 to supply intermediate text books. As per the evidence of PW4 and 5, A1 supplied the books to them and they gave the amount by way of cheque for Rs.7,00,000/- drawn on ING VYSYA Bank Limited. The investigating officer failed to explain for non seizure of bank account statement of A1 and Sri Chaitanya
Junior College, Tirupati to prove the alleged payment of the college to A1 by way of the cheque. The investigating officer also failed to examine the bank offiials of ING VYSYA BANK LIMITED and also the bank officials through which bank accused encashed the said cheque. The investigating officer examined chief manager of Andhra Bank, Tirupati as LW13. But, the prosecution failed to examine LW13 as a prosecution witness and filed memo by stating that he whereabouts not known. The prosecution also failed to exhibit the bank statement of A1 with Andhra Bank, Beri Street, Tirupati to 11 prove the said encashment of Rs.7,00,000/- cheque issued by Sri Chaitanya
Junior College, Tirupati to him towards payment of academy text books drawn on ING VYSYA BANK LIMITED.
33.As per the evidence of Pws4, 5 and PW13 that the pirated books are distributed the Sri Chaitanya Junior College authorities to its students and
PW13 also seized the said pirated books from the premises of Sri Chaitanya
Junior College, Tirupati in the presence of PW8 and 11 G.Ramachandra under cover of Ex.P7. Pws1 to 3 also stated that on their enquiry they came to know that one Junior College at Tirupati distributed the pirated books to its students.
Pws4 and 5 stated that A1 supplied the pirated books to them on their indent.
But, the prosecution failed to establish its case to prove the nexus in between
A1 and Sri Chaitanya Junior College, Tirupati to supply of pirated text books.
34.As per the evidence of PW13, he visited Sri Chaitanya Junior
College on 11.07.2010 and seized pirated text books to first year intermediate mathematics 1A, 1B, Chemistry and physics. But, as per the mahazar dt.11.07.2010 i.e., Ex.P7 does not discloses that the said books were bundled and packed as subject wise and seized and obtained the signatures of both the mediators on identification slips and affixed the same to the respective bunbles and send them to the court forthwith by allotting a number for each bundel denoting the subject. Ten pirated text books alleged to have been seized from
Aditya Book Centre, i.e., shop of A1 also not affixed the identification slips on the said books after packing with the signatures of mediators and as well as the books produced by the LW1 Venkataramana alleged to be genuine books published by the Telugu Academy to the investigating officer also were not packed and seized denoting the said books are seized on 10.07.2010 when LW1
Venkataramana produced, under Ex.P16.
35.As per the evidence of PW13, the investigating officer' discloses that he submitted the books seized by him to the commissioner of printing and stationary Government Central Press for comparison through this Hon'ble
Court. But, his evidence does not discloses that the text books seized from Sri 12
Chaitanya Junior College, the books seized from Aditya Book Center of A1 were separately packed, giving a identifying number for each pack to give a clarification for the expert to compare the same with the books produced by
LW1 Venkataramana to offer the opinion.
36.The learned Assistant Public Prosecutor submitted that the seized books from Chaitanya Junior College are huge in number and when PW4 and 5 categorically stated that they purchased books from A1 by placing indent, the effect of seizure of books and affixing the identification slips with the signatures of the mediators on the seized books is no necessity, because the documents of Kesineni travels are clearly proves that A1 transported the said books through Kesineni travels to Tirupati and there A1 received the same and supplied to Sri Chaitanya Junior College, Tirupati. But, there is no seizure of the alleged cheque issued by the Sri Chaitanya Junior College, Tirupati. But, there is no seizure of the alleged cheque issued by the Sri Chaitanya Junior
College to A1 towards purchase of text books and also not seized the indent form placed by the Chaitanya Junior College to A1. Admittedly, there are no identification slips on any seized text books including the text books seized from LW1 venkataramana under Ex.P16.
37.PW12 is the commissioner of printing and stationary deposed that he was asked by the register to constitute a committee as there were some discripancies regarding the printing of text books of intermediate Physics 1 and 2 papers, Chemistry and mathematics through a letter. After gone through the said letter he disputed LW15 N. Michael Angelo and PW11 to Tirupati to take care of printed books and its contents. Accordingly, they brought sample books from Telugu Academy situated in Hyderabad and PW1 and LW1
Venkataramana after examining the said books with that of the books handed over to them by PW1 submitted a report. Basing on the findings of the said technical officers (LW15 and PW11), he submitted a report Ex.P13 dt.05.01.2011.
38.As per the cross-examination of PW12 that he do not remember 13 whether he sent his Ex.P13 report along with the technical report submitted by
PW11 and LW15. Ex.P13 does not reveal that the books received by the PW12 whether they are in sealed condition with the signature of the mediators and invetigating officer and he also admitted that he do not know the person who brought the text books of Telugu Academy to Tirupati.
39.PW11 testified that the commissioner of printing, Hyderabad (PW12) received a letter from this Hon'ble Court to compare some books with original books of Telugu Academy. Later the commissioner entrusted the said work to him and LW15 by sending four variates of books of Physics,
Mathematics 1A and 1B and commissioner to compare with Telugu Academy books. Accordingly they received the said pirated books for comparison with original Telugu Academy books.
40.PW11 further testified that the size, paper, logo, printing text matters in all four pirated books are different from Telugu Academy books, as there is no signature marks in the text matter of pirated books with that of
Talugu Academy books of Physics, mathematics 1A, 1B and Chemistry books.
41.PW13 stated that he seized M.Os.1 to 4 from Sri Chaitanhya
Junior College under cover of Ex.P7. M.Os.1 to 4 are marked on randum out of total seized books from Sri Chaitanya College. M.Os.5 to 8 are seized under cover of Ex.P8 from Aditya Book Center, Prakasam Road, Tirupati i.e., the shop of A1 and M.O.9 to 12 are seized from LW1 Venkataramana. But, there is no evidence from the prosecution to say that M.Os.1 to 4 are seized from
Chaitanya College and M.Os.5 to 8 are seized from shop of A1 and M.Os.9 to 12 are seized from LW1. Because, no material object i.e., M.Os.1 to 12 and other seized books are not bundled, sealed and also not affixed identification slips with the signatures of mediators on the seized books. PW1 not enclosed the remarks submitted by Pw11 and LW15 along with Ex.P13.
42.As per the case of the prosecution, A1 received the text books at
Tirupati from Kesineni transport. To prove the same, the prosecution examined 14
PW6. As per the evidence of PW6, on 22.06.2010 one Omprakash booked some books in their transport at Guntur to Tirupati vide LR.No.10102355/72 and they were unloaded at their branch on 23.06.2010 and on the same day
Aditya Book Center owner S.Peerswar Rao took all those books. Similarly on 26.06.2010 said Omprakash booked some books vide LR.No.10102473/2015 at
Guntur in their transport to transport to Tirupati and on 27.06.2010 those books were received by their transport at Tirupati. On 27.06.2010 the said Omprakash also booked some books vide LRNo.10102473/15 and the same was received by them on 28.06.2010 and the same day Aditya Book Center owner
S.Peereswar Rao took delivery under LR.No.101012473/12 and
LR.No.130101102514/15. He handed over the said Lrs to the police i.e., Ex.P6.
43.As per Ex.P6 one S.P Rao took the delivery of the same and the
Ex.P6 is discloses the consignor as well as consignee is one S.P Rao. But, it is not disclosed the name of Omprakash as consigner and consignee as
S.Peereswar rao, owner Aditya Book Center. No identification parade was conducted through PW6 to identification of A1, took delivery of parcels under
Ex.P6.
44.NO bills or receipts produced by the prosecution to prove the nexus between A1 and Sri Chaitanya Junior College and as well as in between
A1 and A2.
45.As per the case of the prosecution, M.Os.5 to 8 are seized in the persons of PW8 from the shop of A1 under cover of Ex.P9. But, PW8 admitted in his cross examination that he deposed as punch witness in 6 to 7 cases of
West police station, Tirupati. On perusal of Ex.P8 and P9, the police not obtained the signature of A1 on Ex.P9. But, police obtained the signature of A1 on Ex.P8. The said fact was also admitted by PW8. The Investigating officer not followed the seizure procedure contemplated under law and also not affixed the identification slips on the seized books with the signatures of mediators and also not packed the seized books in subject wise. If really the police seized
M.Os.5 to 8 from book shop of A1 under cover of Ex.P9 in the presence of 15
PW8, who prevented the investigating officer to obtain the signature of A1 on
Ex.P9.
46.As per the case of the prosecution that A2 supplied pirated books to A1 through Kesineni transport, Guntur. To prove the same prosecution examined PW7 who is the Manager of Kesineni transport, Guntur. PW7 deposed that on 22.06.2010 at about 4:00 pm., one Omprakash came to their office and asked to transport 72 bundles from Guntur to Tirupati and he booked the said 72 bundles from Guntur to Tirupati and the same was delivered under
LR No.2355 and he handed over the LR to PW13 on 18.07.2013 and PW13 seized the said Lrs under Ex.P17. As per recitals of Ex.P18 and P19 the name of consignor and consignee mentioned as S.P Rao. Ex.P18 and P19 does not contain the name of A2. PW7 admitted that he had no acquaintance with A2.
PW9 turned hostile and his 161 Cr.P.C statement marked as Ex.P11.
47.As per Ex.P2 to P5 the Telugu Academy, Hyderabad obtained copy right to publish the intermediate text books in Telugu and English languages in the year 2008. Hence, it seems that from the year 2008 on wards only the Telugu Academy, Hyderabad transacting the selling of intermediate text books by doing in Telugu and English languages. But, as per the case of the prosecution and contention of PW1 to 3, LW1 Venkataramana and as per
Ex.P14 LW1 Venkataramana notice the fall down of sales of intermediate text books during the year 2007 of Tirupati Telugu Academy Regional Center.
Therefore, in the year 2007 there is no copy right to the Telugu Academy to publish the text books and to sell the same.
48. The investigating officer also not properly investigated the matter to affix the accused persons, though this offence against the society and as well as the Government Organization and caused very loss to Telugu Academy.
49.It is evident from the evidence of PW13, he did not made effort to know about the stationary records of Chaitanya College. PW13 also admitted that he did not affix the identification slips on seized books. PW13 also admitted that LW1 Venkataramana not stated to him from which educational 16 institution he secured the pirated books. No doubt, the pirated books are seized by the investigating officer from Sri Chaitanya Junior College, Tirupati. But, there is no evidence from the prosecution those books are supplied by A1 to Sri
Chaitanya Junior College, Tirjupati and also there is no evidence that A2 published the pirated books and transported the same through Kesineni transport to Tirupati and there A1 received and supplied to Sri Chaitanya Junior
College, Tirupati. There is no evidence from the prosecution who printed and published the pirated books. Hence, inview of the above reasons, I safely conflude the prosecution utterly failed to prove its case against A1 and A2 for the offence punishable u/Sec.420, 482 r/w 34 of IPC and Section 51 (b) (1) r/w 63 of Copy Rights Act, beyond all reasonable doubt. Accordingly, this point is answered.
50.In the result, A1 and A2 are not found guilty for the offence punishable u/Sec.420, 482 r/w 34 of IPC and Section 51 (b) (1) r/w 63 Copy
Right Act and they are acquitted in terms of Section 248 (1) Cr.P.C. The bail bonds of A1 and A2 are stands to be cancelled after expiry of six months, inview of Section 437-A of Cr.P.C. M.Os.1 to 12 and the other pirated seized books are handed over to Telugu Academy, Tirupati Regional Center for take necessary action according to law after expiry of appeal time.
Dictated to the Personal Assistant, transcribed by him, corrected
and pronounced by me in the open Court, this the 4th day of December, 2015.
Sd/-R.Sanyasi Naidu
III Addl.Judl. Magistrate of I Class Tirupati.
Appendix of Evidence
Witnesses examined
For Prosecution For Accused
PW1: E. Sesendra Raju-Nil- PW2: M. Venkatesham PW3: V. Chandra Sekhar Reddy PW4: C. Reddeppa Reddy PW5: B.V. Prasad PW6: A.Ramakrishna PW7: T. Krishna Prasad PW8: K.Krishna Pillai PW9: G.Ramakrishna 17
PW10: C.V.Subba Rao PW11: V.S.R.S.Prasad PW12: M.Bhaskar PW13: K.Venkata Ravi
EXHIBITS MARKED ON BEHALF OF
Prosecution:
Ex.P1: Signature of PW1 in the report
Ex.P2:Attested copy of extractsfrom Register of copy rights pertaining to intermediate 1st year Mathematics I-A, Registration Number L-31200/2008, compared with Original extracts from register of copy rights pertaining to intermediate 1st year Mathematics I-A, registration number L-31200/2008.
Ex.P3:Attested copy of extractsfrom Register of copy rights pertaining to intermediate 1st year Mathematics I-B, Registration Number L-31201/2008, compared with original extracts from register of copy rights pertaining to intermediate 1st year Mathematics I-B, registration number L-31201/2008.
Ex.P4:Attested copies of extract from Register of copy right pertaining to intermediate 1st year Physics, Registeration Number L-31197/2008, compared with Original extracts from register of copy right pertaining to intermediate 1st year Physics, registration No.L-31197/2008.
Ex.P5:Attested copies of extract from Register of copy right pertaining to intermediate 1st year Chemistry, Registration Number L-31196/2008, compared with Original extracts from register of copy right pertaining to intermediate 1st year Chemistry, registration No.L-31196/2008.
Ex.P6: Delivery LR receipts four in number
Ex.P7:Seizure mahazarnama dt.11.07.2010 at about 8:00 am.,
Ex.P8: Arrest and seizure mahazarnama of Peereswar Rao dt.13.7.2010 at 10:00 am.,
Ex.P9: Seizure mahazarnama dt.13.07.2010 at 12:00 noon
Ex.P10: Seizure mahazarnama dt.13.07.2010 at 2:00 pm.,
Ex.P11: 161 Cr.P.C. Statement of PW9
Ex.P12: Test report
Ex.P13: Report submitted by PW12 to the III AJFCM, Tirupati dt.5.01.2011
Ex.P14: Report of LW1 Venkata Ramana
Ex.P15: First Information Report in Cr.No.63/2010 of West P.S.
Ex.P16: Police proceedings dt.10.07.2010
Ex.P17: Police proceedings dt.18.07.2010 at about 2:00 pm, 18
Ex.P18: LR bearing No.GNTT10102355 dt.22.06.2010 in the name of S.P.Rao
Ex.P19: LR bearing No.GNTT10102514 dt.27.06.2010 from Guntur to Tirupati, 12 khatoons quantity.
Ex.P20: Rough Sketch of the scene of offence in Cr.No.63/2010 of West P.S.
Accused:
-Nil -
Material Objects:
M.O.1: First year Intermediate mathematics 1A book one in number M.O.2: First year Intermediate mathematics 1B book one in number M.O.3: First year Intermediate Chemistry text book one in number M.O.4: First year Intermediate Phisics text book one in number M.O.5: First year Intermediate Physics text book two in number M.O.6: First year Intermediate Chemistry 1A text book two in number M.O.7: Intermediate 1st year Mathematics 1A text book three in number M.O.8: Intermediate 1st year mathematics 1B text book three in number M.O.9: First year Intermediate Physics text book one in number MO10: First year Intermediate mathematics paper 1A text book one in number MO11: First year Intermediate Mathematics paper 1B text book one in number MO12: First year Intermediate Chemistry text book one in number
Sd/-R.Sanyasi Naidu
//true copy// III AJCJ Tirupati
III Addl.Judl. Magistrate of I Class Tirupati.
19
IN THE COURT OF THE III ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS
:: TIRUPATI
CALENDER AND JUDGMENT
C.C.NO.420 OF 2012
Date of Offence: 10.07.2010 Date of Complaint: 10.07.2010 Date of Taken on file: 10.04.2012 Date of apprehension: 21.03.2013 (A1 and A2) Date of Commencement of trial: 25.03.2014 Date of Close of trial: 01.12.2015 Date of Judgment: 04.12.2015 Complainant: The the Sub-Inspector of Police, West Police Station, Tirupati in Cr.No.63/2010
1.Sunku Peereswara Rao, age 51 yrs., S/o S.Peeraiah, D.No.101/5, Prakasham Road, Tirupati, Owner of the Aditya Book Centre, Prakasam Road, Tirupati. (A1)
2.Dwarakanath Omprakash, age 48 yrs, S/o Venkata Hanumantha Rao, r/o 4th floor, Vasanta Vihar Apartments, Moghalrajapuram, Vijayawada-10. (A2)
Section of Law: u/Sec.420, 482 r/w 34 of IPC and Section 51 (b) (1) r/w 63 Copy Right Act Finding of the Court: Accused/A1 & A2 are not found guilty. Sentence or Order: In the result, A1 and A2 are not found guilty for the offence punishable u/Sec.420, 482 r/w 34 of IPC and Section 51 (b) (1) r/w 63 Copy Right Act and they are acquitted in terms of Section 248 (1) Cr.P.C. The bail bonds of A1 and A2 are stands to be cancelled after expiry of six months, inview of Section 437-A of Cr.P.C. M.Os.1 to 12 and the other pirated seized books are handed over to Telugu Academy, Tirupati Regional Center for take necessary action according to law after expiry of appeal time.
Sd/- R.Sanyasi Naidu
III Addl.Judl. Magistrate of I Class, Tirupati. To, The Hon'ble I Addl. District Judge, Chittoor. Dis.No................./2015.
// true copy //
III Addl.Judl. Magistrate of I Class, Tirupati.