Hearsay convictions
XBiz (via) reports that an Indian judge has ruled that obscenity charges may be prosecuted without requiring the court to actually review the materials in question.
The case stems from allegations by a local cyber cafe owner that Mayur Vihar resident Sanjay Gupta was playing a pornographic CD, potentially within view of other patrons.
The court ruled that the magistrate was not required to view the CD in order to verify its contents as being “obscene” as a prerequisite for proceeding with the obscenity charges against the defendant.
Gupta challenged the order, claiming that the magistrate was wrong for proceeding with charges against him without knowing what was actually contained on the CD he was charged with viewing at the time of his arrest — allegedly the only incriminating evidence against him.
Thursday 13 Dec 2007 | Paul | India
