Watching porn at pvt residence no offence: HC

The Court quashed a criminal case filed by Mumbai Police under section 292 (public exhibition of obscene material) of IPC against 28 men and 11 women, including some customs officials. There was no "public exhibition" as specified in the IPC, Justice V K Tahilramani held.

Police had filed the case after busting a "rave party" at Taj Cottage in Prichly Hill at Lonavala on August 26, 2008. Police alleged that the men were intoxicated, throwing money at dancing women and watching a porn movie.

But the High Court upheld the contention that the film was being watched at a private residence and the cottage was not a hotel or a lodge, so it could not be termed as a "public place". Justice Tahilramani said it was not even that anyone from the public could walk into it at any point. "Hence, it cannot be said that there was any public exhibition of obscene films in the bungalow," the judge said.

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