Kerala High Court Quashes Obscenity Conviction for Lack of Judicial Viewing

The Kerala High Court has set aside the conviction of Harikumar, accused of distributing obscene video cassettes, after finding that the trial court had not personally examined the videos.

Justice Edappagath emphasised that when video evidence is produced under Section 292 IPC, the trial judge must directly examine the content to determine if it appeals to prurient or lascivious interests. 

The Court ruled that witness testimonies alone cannot substitute judicial inspection.

Since neither the trial court nor the appellate court had viewed the evidence, Harikumar’s conviction and sentence were quashed, reaffirming the need for courts to assess primary evidence.

[Harikumar v State of Kerala]