1991 P Cr (PLP)

Respondents in this case were convicted under section 504/506, P.P.C. and were sentenced to two years' rigorous imprisonment on each count. The respondents were workers in the Factory, and against the Management, they had raised slogans, and had brought out placards. They had painted the walls of the Factory with obscene scenes. The learned trial Magistrate at Faisalabad vide his judgment dated 22-3-1983 found all the respondents guilty on the aforesaid charge, and sentenced them as stated above. As far as applicability of section 294, P.P.C. was concerned, the learned trial Magistrate declined to convict the respondents on the ground that the Factory was not a public place.

2. Aggrieved by their convictions, the respondents preferred an appeal before the learned Additional Sessions Judge, Faisalabad, while the complainant also filed a revision petition before the same Court seeking enhancement of the sentences of the respondents. The learned Additional Sessions Judge, Faisalabad vide his judgment, dated 4-4-1985 dismissed the appeal, and declined to enhance the sentences of respondents, on the ground that the respondents had since been dismissed from the Mill, and they were no more the workers thereof.

3. Aggrieved by the judgment of the learned Additional Sessions Judge, the present petition has been filed. Since the second revision has been barred by amendment in section 439, Cr.P.C. therefore, the resort was had to section 561-A, Cr.P.C. Without touching the question of maintainability of this petition, while adverting to the merits of this case, I am of the view that the respondents were rightly acquitted of the charge under section 294, P.P.C. Language of section 294, P.P.C. is reproduced as hereunder: "Whoever, to the annoyance of others, (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene songs, ballad or words in or near any public place shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both."

4. According to the learned counsel for the petitioner the obscene posters and placards or the writings on the walls constitute offence under section 294, P.P.C.; there is no cavil with the proposition, but in the circumstances of the case, the evidence on this question is too feeble. More than six years have elapsed, and' no useful purpose will be served at this stage to send the case back to the trial Court for recording conviction under section 294, PY.C. Hence I do not find any substance in this petition, and the same is hereby dismissed, S.A./M-2686/L Revision petition dismissed.